to bring itself into compliance with the minimum standards for the elimination of trafficking and it has committed
to devoting sufficient resources to implement that plan. During the reporting period, an outbreak of Ebola Virus
Disease severely affected the country and overwhelmed the government’s resources and capacity to effectively
address a variety of issues, including trafficking in persons. Although the government prosecuted four alleged
traffickers and convicted three traffickers during the reporting period, it imposed inadequate sentences. The
government did not provide adequate resources or training to law enforcement and judiciary personnel, identify or
provide protective services to victims, provide any funding to support activities of its national anti-trafficking
committee, or take any tangible action to prevent trafficking during the reporting period.
RECOMMENDATIONS FOR GUINEA:
Increase efforts to investigate and prosecute trafficking offenses, and convict and impose adequate sentences on
trafficking offenders, including complicit officials; provide specialized anti-trafficking training to law
enforcement officials and magistrates; increase prescribed penalties for forced prostitution; provide specialized
training to border officials to recognize both adult and child trafficking victims and to refer them to protective
services; regularly convene the national anti-trafficking committee and provide adequate resources and training to
committee members to support their efforts; develop and implement a national action plan to combat trafficking in
persons; develop systemic procedures for the referral of victims to care; strengthen partnerships with NGOs and
international organizations to ensure improved care for victims; enhance collaboration and information sharing
mechanisms among government agencies involved in combating trafficking; and increase efforts to raise public
awareness about trafficking, including the trafficking of adults.
PROSECUTION
The government maintained modest anti-trafficking law enforcement efforts. Guinean law does not prohibit all forms
of trafficking; for example, debt bondage is not criminalized. Article 330 of the 2012 penal code prohibits forced
prostitution and prescribes penalties of two to five years’ imprisonment; these penalties are sufficiently
stringent, but not commensurate with penalties prescribed for other serious crimes, such as rape.Article 337 of the
2012 penal code prohibits individuals from entering into agreements to deprive third parties of their liberty,
prescribing penalties of five to 10 years’ imprisonment and confiscation of any proceeds from the crime. Articles
385-396 of the 2009 child code prohibit all forms of child trafficking and prescribe penalties of five to 10 years’
imprisonment and the confiscation of any proceeds from the crime.These penalties are sufficiently stringent and
commensurate with penalties prescribed for other serious crimes, such as rape.These penalties are not, however,
generally imposed in practice as Article 49 of the criminal code generally authorizes judges, if they find
“mitigating” circumstances, to reduce
imprisonment to less than 16 days and a nominal fine or even simply a maximum fine of two million Guinean francs
($270).
The government did not initiate any new investigations during the reporting period. However, it concluded an
investigation from March 2014, which led to four prosecutions and the conviction of three trafficking offenders for
forced child labor, an increase from the previous year, in which the government only prosecuted and convicted one
trafficking offender. Nonetheless, the court issued inadequate sentences for the three offenders convicted in 2014,
penalizing each trafficker with only four months’ imprisonment—the amount of prison time already served at the time
of sentencing—rather than the applicable minimum sentence of five years’ imprisonment. The Office for the
Protection of Gender, Children, and Morals within the Guinea police, responsible for investigating trafficking and
child labor, remained severely underfunded.The government did not provide any anti-trafficking law enforcement
training during the reporting period. The government did not report any investigations, prosecutions, or
convictions of government employees complicit in human trafficking offenses; however, general corruption among law
enforcement and the judiciary remained an issue.
PROTECTION
The government demonstrated minimal efforts to protect trafficking victims.The government failed to proactively
identify or directly provide services to trafficking victims during the reporting period; furthermore, it did not
provide funding or in-kind support to NGOs that assisted victims. The government continued to refer child victims
to NGOs on an ad hoc basis and, in one case, worked with NGOs to reunite victims with their families. In that case,
the government worked with the Government of Senegal to repatriate 12 victims of forced child labor to Guinea and
then subsequently worked with an NGO to ensure that the children were ultimately reunited with their families.
Although legally available, the government did not provide temporary or permanent residency to any victims from
countries where they would face retribution or hardship. There was no evidence the government encouraged
trafficking victims to participate in the investigation or prosecution of their traffickers during the year;
reports indicated victims, or victims’ parents in cases involving children, were reluctant to file claims against
trafficking offenders due to limited access to justice, a lack of confidence in the justice system, corruption, and
potential threats of reprisal.There were no reports that the government detained, fined, or jailed victims for
unlawful acts committed as a result of being subjected to trafficking; however, due to a lack of formal victim
identification procedures, some unidentified victims may have been penalized for such crimes.
PREVENTION
The government demonstrated minimal efforts to prevent trafficking.The national anti-trafficking committee drafted
a national action plan in July of 2014; however, this plan was not finalized at the end of the reporting period.
Nonetheless, the government adopted an interim written plan.The committee did not receive an operational budget and
remained inactive for the majority of the reporting period.The government did not launch any trafficking awareness
campaigns. It did not take any tangible steps to reduce the demand for forced labor or commercial sex acts. During
the reporting period, the government did not provide anti-trafficking
training or guidance for its diplomatic personnel or peacekeeping troops deployed abroad.
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