Guinea

Guinea is a former French colony in Western Africa, today it is a multi-party presidential republic following years of one-party control and military coups. It is ruled by President Alpha Condé, contentiously re-elected for a third mandate in 2020. An estimated 85% of the country’s 12.5 million population is estimated to be 85% Muslim.[ref]https://www.universalis.fr/encyclopedie/guinee/2-histoire/[/ref] Christians and animists are estimated to account for 7% of the population respectively.[ref]https://acninternational.org/religiousfreedomreport/fr/reports/gn/#endnote-1[/ref] Much of the Muslim and Christian population incorporates indigenous rituals into their religious practices. Muslims are generally Maliki Sunni; Sufism is also present, while Wahabism is reportedly growing in popularity.[ref]https://www.justice.gov/eoir/page/file/1397121/download; https://www.ofpra.gouv.fr/sites/default/files/atoms/files/didr_rapport_de_mission_en_guinee_final.pdf[/ref] In addition, the country is home to small groups of Bahá’ís, Hindus, Buddhists, and traditional religious beliefs.[ref]https://acninternational.org/religiousfreedomreport/fr/reports/gn/#endnote-1[/ref]

Issues relating to freedom of religion or belief persist in the country for the majority Muslim population, as well as for other religious and nonreligious groups. Guinea is a member state of the Organization of Islamic Cooperation (OIC).

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory

Constitution and government

The Constitution of Guinea[ref]https://mjp.univ-perp.fr/constit/gn2010.htm (in French); https://www.constituteproject.org/constitution/Guinea_2010.pdf [/ref] recognizes freedom of religion or belief in theory. The 2010 Constitution states that the country “ensures equality before the law of all citizens without distinction of origin, race, ethnicity, sex, religion and opinion. It respects all beliefs.” It prohibits the identification of political parties with a religion (Article 3), punishes religious discrimination (Article 4) and guarantees the right of everyone to choose and profess their religion (Article 7). Moreover, an interreligious committee works with the government to ensure peaceful religious coexistence in Guinea.

However, Freedom House has reported cases of discrimination against non-Muslims in government employment, as well as restrictions on Muslims’ freedom to convert to other religions.[ref]https://freedomhouse.org/country/guinea/freedom-world/2021[/ref]

Religious privilege

Religious groups boasting larger congregations are reported to receive greater advantages than smaller ones.[ref]https://acninternational.org/religiousfreedomreport/fr/reports/gn/#endnote-1[/ref]

Although the State is constitutionally secular, the state still maintains influence on religious institutions, primarily through the Secretary General of Religious Affairs (SRA), which holds a cabinet position within government. The SRA appoints national directors to lead the Offices of Christian Affairs, Islamic Affairs, Pilgrimages, Places of Worship, Economic Affairs and the Endowment, and Inspector General. It is charged with promoting good relations among religious groups and coordinates with other members of the informal Interreligious Council, which is composed of Muslims and members from Catholic, Anglican, and other Protestant churches, as well as the SRA.[ref]https://www.justice.gov/eoir/page/file/1397121/download[/ref]

The close relationship between religious groups and the SRA is said to enable religious groups to exert influence on public policy, including by securing the lifting of COVID-19 related restrictions on places of worship.[ref]https://www.justice.gov/eoir/page/file/1397121/download[/ref]

In addition to its responsibility for the registration of religious groups, the SRA issues guidance on issues to be included in sermons in mosques and churches, and sends inspectors into each region of the country to ensure compliance with its directives.[ref]https://www.justice.gov/eoir/page/file/1397121/download[/ref]

By law, religious groups must register, or may face closure and expulsion from the country. Registration affords religious groups rights to operate in the country and certain tax exemptions.[ref]https://www.justice.gov/eoir/page/file/1397121/download[/ref]

According to the US State Department,[ref]https://www.justice.gov/eoir/page/file/1397121/download[/ref]

“imams and administrative staff of the principal mosque in Conakry and the principal mosques in the main cities of the four regions are government employees. These mosques are directly under the administration of the government. Other mosques and some Christian groups receive government subsidies for pilgrimages.”

The government also allocates free broadcast time on state-owned national television for Islamic and Christian programming, including Islamic religious instruction, Friday prayers from the central mosque, and church services.[ref]https://www.justice.gov/eoir/page/file/1397121/download[/ref]

Education and children’s rights

Education

School is mandatory for children from ages 7 to 12.[ref]http://uis.unesco.org/fr/country/gn[/ref] The compulsory primary school curriculum does not include religious studies.[ref]https://www.justice.gov/eoir/page/file/1397121/download[/ref] Owing to insufficient resources, the school system is dominated by private schools.[ref]https://www.humanium.org/fr/guinee/[/ref]

Although non-religious public schools exist, the majority of children attend Islamic schools – that can be private or state-subsidized – where the national curriculum is taught and may be complemented by Quranic studies.[ref]https://www.justice.gov/eoir/page/file/1397121/download; https://acninternational.org/religiousfreedomreport/fr/reports/gn/#endnote-1[/ref] Christian schools are also important in Guinea and are attended by children from all religions. However, they are not state-subsidized.[ref]http://www.cnda.fr/content/download/102605/1025813/version/1/file/CNDA%2024%20mai%202017%20M.%20D.%20n%C2%B017000510%20C.pdf[/ref] Christian schools often hold voluntary prayer sessions before the start of the school day.[ref]https://www.justice.gov/eoir/page/file/1397121/download[/ref] In addition, local madrassas operate and are not controlled by the government. As they mainly teach the Quran, the majority of their students also attend other schools where they learn the national curriculum.[ref]https://www.justice.gov/eoir/page/file/1397121/download; https://acninternational.org/religiousfreedomreport/fr/reports/gn/#endnote-1[/ref]

Female Genital Mutilation (FGM)

Female genital mutilation (FGM) is still a significant phenomenon in Guinea. As the Freedom in the World Report 2018 revealed, “Female genital mutilation is nearly ubiquitous despite a legal ban, affecting up to 97 percent of girls and women in the country, the second-highest rate in the world.”[ref]https://freedomhouse.org/sites/default/files/2020-02/FreedomintheWorld2018COMPLETEBOOK.pdf[/ref]

Efforts have been made to fight against FGM, with the establishment of a national strategic plan (2019-2023) to put a stop to this practice, and an awareness campaign to educate the population on its dangers.[ref]https://www.humanium.org/fr/guinee[/ref] However, the number of cases of FGM is still increasing, and the sentences against perpetrators of FGM are limited to suspended prison sentences and fines.[ref]https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/008/16/PDF/G1700816.pdf?OpenElement[/ref]

In December 2019 the National Assembly revised the Children’s Code[ref]https://ihl-databases.icrc.org/applic/ihl/ihl-nat.nsf/0/AAC20477AF5D4B28C12576DC0039A4D7[/ref] to clearly prohibit cruel, inhuman, or degrading treatment of children, including FGM. The revised code entered into force in March 2020. However, the authorities are reported to rarely prosecute offenders.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea/[/ref]

Child marriage

Forced marriage also remains a common practice in Guinea despite its criminalization in 2016.[ref]https://freedomhouse.org/sites/default/files/2020-02/FreedomintheWorld2018COMPLETEBOOK.pdf[/ref] This is reportedly exacerbated by the vague wording of the law, which makes reference to customary marriages for minors with the permission of the parents.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea/[/ref] The COVID-19 crisis has reportedly worsened the phenomenon, as the slowed public institutions have allowed informal unions, and paving the way for child marriage.[ref]https://www.humanium.org/fr/guinee/[/ref]

Other harmful traditional practices

Finally, in 2015, UNESCO reported cases of infanticide as ritual murder, but no statistics on this practice exist and it remains unclear whether this practice continues.[ref]https://www.ecoi.net/en/file/local/1355453/90_1439291236_unicef-child-notice-guinea-201506.pdf; https://www.refworld.org/pdfid/56ba18e14.pdf [/ref]

Family, community and society

Women’s rights

The Guinean government noted in 2012 the existence of: “norms, customs and practices [which] justify and perpetuate discrimination and violence against children and women.”[ref]https://www.ecoi.net/en/file/local/1355453/90_1439291236_unicef-child-notice-guinea-201506.pdf[/ref] Women have full political rights, but their participation in political and economic life is often restricted by a patriarchal organization of society.[ref]https://www.humanium.org/fr/guinee/[/ref] Further, the law does not not provide for the same legal status and rights for women as for men, including in inheritance, property, employment, credit, and divorce. Traditional practices, which are often discriminatory towards women, are reported to sometimes take precedence over national law, particularly in rural areas.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea/[/ref]

Sexual health and reproductive rights

Abortion is legal only in cases of foetal impairment, rape or incest.[ref]https://abortion-policies.srhr.org/country/guinea/[/ref] Under Articles 306-308, those who procure or administer an abortion can face penalties ranging from 16 days to three years in prison, as well as a fine.[ref]https://abortion-policies.srhr.org/documents/countries/01-Guinea-Penal-Code.pdf[/ref]

LGBTI+ rights

Homosexuality is illegal in Guinea under the Penal Code, and is punished by 6 months – 3 years imprisonment and a fine of between 100,000 – 1,000,000 Guinean francs (approx. US$10-100). Arrests for homosexuality have been reported by the ILGA and Amnesty International.[ref]https://www.refworld.org/cgi-bin/texis/vtx/rwmain?docid=5a09abe64[/ref] Moreover, members of sexual minorities have been the victims of crimes and stigmatization. The Afrobarometer noted in 2016 that Guinea is among the most intolerant countries towards LGBTI+ people within the countries consulted.[ref]https://afrobarometer.org/sites/default/files/publications/D%C3%A9p%C3%AAches/ab_r6_dispatchno74_tolerance_en_afrique_fre1.pdf[/ref]

Interfaith marriage

Interfaith marriages are authorized by the Guinean law but are still subject to a lot of pressure from religious families, and only a few cases have been reported.[ref]https://www.ecoi.net/en/file/local/1355453/90_1439291236_unicef-child-notice-guinea-201506.pdf[/ref]

Harmful traditional practices

According to the US State Department,[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea/[/ref]

“Discrimination against persons with albinism occurred, particularly in the Forested Guinea Region, where historically persons with albinism were sought for ritual sacrifice and other harmful practices related to witchcraft. Albino rights NGOs continued to raise awareness of discrimination and violence against persons with albinism. Authorities investigated incidents of violence.”

Freedom of expression, advocacy of humanist values

The Constitution guarantees freedom of expression, but the criminal code adopted in 2016 “retained penalties of up to five years in prison for defamation or insult of public figures.” A cybercrime law passed in 2016 criminalizes the same offences for expressions made online.[ref]https://freedomhouse.org/sites/default/files/2020-02/FreedomintheWorld2018COMPLETEBOOK.pdf; https://freedomhouse.org/country/guinea/freedom-world/2021[/ref]

Religious groups are granted access to government television and radio stations, which broadcast religious messages. However, ownership of radio and television channels by religion and political groups is prohibited.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/guinea/[/ref]

Freedom of assembly

There are serious concerns about broader restrictions on protest and any media that is critical of the government. Repression has been particularly strong against journalists and opposition protesters after the re-election of the President Alpha Condé.[ref]https://rsf.org/fr/guinee[/ref]

Dozens of people were killed by members of defence and security forces during demonstrations in 2020. Members of opposition political parties and pro-democracy activists were arbitrarily arrested and detained. Indeed, the government are reported to have invoked state of emergency provisions in order to prevent demonstrations against constitutional reforms.[ref]https://www.hrw.org/world-report/2021/country-chapters/guinea; https://www.amnesty.org/en/countries/africa/guinea/report-guinea/[/ref]

According to Freedom House,[ref]https://freedomhouse.org/country/guinea/freedom-world/2021[/ref]

“Civil society remains weak, ethnically divided, and subject to periodic harassment and intimidation. Intimidation, harassment, and imprisonment of nongovernmental organization (NGO) workers and activists increased in 2020, especially against those opposing the new constitution. Guinean NGOs also struggle due to poor access to funding, leadership struggles, the restriction of civic space, and safety issues.”