EN
Guinea
Country Profile
Action Plan on Trafficking in Persons – Smuggling of Migrants
Under the Ministry for Social Action, Promotion of Women and Children (MASPFE - Ministère de l’Action Sociale, de la Promotion Féminine et de l’Enfance), the National Committee to Combat Trafficking in Persons and Similar Practices (CNLTPPA Comité National de lutte contre la traite des personnes pratiques assimilées) is responsible to oversee the implementation of the following National Action Plan.
The National Action Plan to Combat Trafficking in Persons and Similar Practices. The National Action Plan was validated on June 24-25th 2020 in Conakry and has a duration of 3 years. The validated NAP consists of six strategic axes which are:
Improving the legal and institutional framework
Strengthening the trafficking prevention system
Promotion of assistance and care for victims
Intensification of repression
Strengthening cooperation and partnership
Monitoring and evaluation
Related Action Plans
National Development Plan (2016–2020): Seeks to promote sustainable development and social equality. Overseen by the Ministry of Planning and International Cooperation and supported by the World Bank. It includes activities to combat commercial sexual exploitation of children, human trafficking, and child labor.
Institutional Framework
National Structures Responsible for Identifying Traffickers and Victims of Trafficking (VOT)
The identification is generally done by various actors such as:
OPROGEM (Office for the Protection of Gender, Childhood and Morals)
Police officials/Gendarmerie (Special Unit)
CNLTPPA (National Committee to Combat Trafficking in Persons and Similar Practices) Committee
NGOs
National Structures Responsible for Border Management
The institution responsible for border management in Guinea and control of entry and exit is the Central Directorate of Border Police (DCPAF).
The DECAF is an active Central Directorate of the General Directorate of the National Police whose mission is to implement the Government’s policy in the areas of emigration, immigration and control of the stay of foreign nationals. It is responsible for the management of national borders, the regulations on the movement of people (entry, exit, visas, refugees, human trafficking, etc.).
The DECAF’s is composed of 5 divisions.
The Administrative and Legal Division (includes a Department for fraudulent documents and contingency)
The Emigration Division
The Immigration Division
The Division of residence control and the fight against illegal migration
The IT Department
National Structures Addressing Smuggling of Migrants
In Guinea, under the overall coordination of CNLTPPA Committee, the there are various law enforcement agencies addressing and combatting SOM.
The Central Directorate of Border Police (DCPAF): responsible for border control and for issuing travel and identification documents for Guinean citizens abroad, in collaboration with the Ministry of Foreign Affairs.
INTERPOL’s National Directorate (NCB): responsible for carrying out investigations, enforcing national laws and reinforcing national security, with direct access to INTERPOL databases on wanted individuals, stolen vehicles and lost or stolen travel documents.
The Judicial Police (PJ): responsible for reporting offences, identifying perpetrators and assembling pieces of evidence under the direction of a prosecutor.
The Office for the Protection of Gender and of Minor Children (OPROGEM): a police agency specialized in fighting violence against women, children and vulnerable individuals. OPROGEM is also in charge of raising awareness and providing training on the issue of violence against women. The Office also has a data collection system for police investigations related to woman and child trafficking victims.
The Central Office against Organised Crime (OCLCO): a special department placed under the orders of the Presidency of the Republic, operating nationwide to fight national and cross-border organised crime. The department is composed of elite police units, the gendarmerie and army forces trained in investigatory procedures.
The Special Brigade for the Protection of Vulnerable Persons of the Gendarmerie (BSPPV): a special unit under the auspices of the High Command of the National Gendarmerie Directorate of Military Justice (HGNDJM).
In addition, the Ministry of Justice, Ministry of Foreign Affairs and NGOs are also supporting activities related to combat TIP and SOM.
National Coordinating Bodies
Decree D/2017/039/PRG/SGG of February 17, 2017 (French ), establishes attributions, organization, composition, functioning of the National Committee Against Trafficking in Persons and Similar Practices (CNLTPPA). It is under the authority of the Ministry for Social Action, Promotion of Women and Children (MASPFE - Ministère de l’Action Sociale, de la Promotion Féminine et de l’Enfance), National Committee Against Trafficking in Persons and Similar Practices (CNLTPPA), and continued to serve as the coordinating body for the government´s anti-trafficking and smuggling efforts and has the mandate to:
Develop the National Action Plan (PAN) on prevention, protection, repression, return, reintegration, coordination and cooperation in the fight against trafficking in persons and similar practices
Collect and disseminate information on trafficking in persons and related practices
Advocate for the fight against trafficking in persons and related practices
Develop technical and financial partnership strategies for the implementation of CNLTPPA activities
Identify and mobilize financial and material resources
Capitalize on experiences in prevention, care and reintegration, as well as information on the identity of the victims, the perpetrators and their accomplices, the measures taken against them
Organise in close collaboration with the administrative authorities, the diplomatic representation and / or consular visit to the country of origin, the return and reintegration of victims under the best conditions
Contribute to the establishment of sub-regional, regional and international cooperation mechanisms to combat trafficking in persons and similar practices
Provide reports to the competent authorities and to treaty monitoring bodies on the state of implementation programs to combat trafficking in persons and similar practices - fight against the smuggling of migrants
The CNLTPPA has an executive secretariat and it is composed by:
Ministry of Social Action and Vulnerable Persons
Ministry of Justice
The State Ministry for Security and Civil Protection,
The other members:
Ministry of Territorial Administration and Decentralization
Ministry of Labor and Social Law
Ministry of Foreign Affairs and Guinean Abroad
Ministry of Young Persons
Ministry of Education
Ministry of Employment
Ministry of Security
NGO Sabou Guinea
NGO Colte
Specialized Units - Trafficking in Persons (TIP) and Smuggling of Migrants (SOM)
In addition to the OPROGEM Special Unit in the Fight Against Organised Crime, there are others Key Mechanisms to Coordinate Government Efforts on Child Labor, such as:
Committee for Monitoring, Protection, and Defense of the Rights of the Child (CGSDE) implements, coordinates, and monitors governmental efforts on child protection. Led by the Ministry for Social Action, Promotion of Women and Children (MASPFE)
Division of child protection at the level of Directorate of Judicial Investigations (DIJ) of the National Gendarmerie, also identifies vulnerable children during the inspection visits of certain sites such as docks and motels. Where appropriate, these two structures refer vulnerable children to an NGO or a Child Protection System in Guinea structure.
Introduction
General Information
Guinea is a source, transit, and to a lesser extent destination country for men, women, and children. Women and children are the most vulnerable to trafficking. Traffickers subject men, women, and children to forced labour in agriculture and exploit boys in begging, street vending and shoe shining, forced labor in gold and diamond mines, and in herding, fishing, and agriculture, including farming and on coffee, cashew, and cocoa plantations. Government officials recognize the town of Koundara in northwestern Guinea as a transit point for traffickers. Guinean women and girls are victims of domestic servitude and sex trafficking in West Africa, Europe, and the Middle East, as well as the United States. Reports indicate that trafficking networks fraudulently recruit Guinean, Liberian, and Sierra Leonean women for work abroad, using the Conakry airport to transport victims to exploitative situations in Kuwait and Qatar. Illegal migration towards Europe leads to the development of trafficking networks facilitating the travel and financing of trafficking by land from Guinea to North Africa. The impact of COVID-19 on human trafficking/smuggling trends in Guinea is still under observation. As a result of the COVID-19 movement restrictions, smuggling has increased and can be seen as a new method leading into trafficking in Guinea. Unable to migrate regularly, individuals are forced to take irregular methods to move between countries thus increasing their risks to trafficking as they migrate.
Main Trends and Figures
The Government did not report comprehensive victim identification data, but in 2017, the National Counter- Trafficking Committee reported identifying between 45 and 65 victims of trafficking. in 2019, 31 victims and 65 presumed victims were identified, an increase compared to 2018 as 14 victims and 61 presumed victims were identified.
The majority of victims are Guinean and few others from Sierra Leone and Cameroon. The government reported identifying 29 child labor victims in 2019, some of whom may have been forced labor victims. In 2019, with data from five out of 34 prefectures, the Government reported at least three investigations, three prosecutions, and no convictions; this was a significant decrease from 62 investigations, 54 prosecutions, and 55 convictions it reported in 2018 with data from all 34 prefectures.
From 2017 to 2019, IOM assisted 72 victims to return to Guinea and 11 repatriated to their country of origin. SOM: Between 2017 to 2019, 72 smuggled migrants out of Guinea, to Libya, Kuwait, Kenya, Ivory Coast, Mali, Niger and Peru were reported.
Existing Mechanisms
Trafficking in Persons (TIP) and Smuggling of Migrant (SOM) Hotlines
TIP/SOM - 118 (Gendarmerie); 122 (National Gendarmerie)
Others (Children protection/ assistance) - Not available
National Referral Mechanism and/or Standard Operating Procedures
Guinea has no referral mechanism but a national SOP on identification, referral, and assistance for victims of trafficking has been developed and signed by national actors involved in combatting trafficking and smuggling. All concerned actors (Government, CNLTPPA, NGOs, etc.) involved in combatting these issues are responsible for implementing this SOP in their day to day work. Frontline actors coordinate via phone and email and they have decentralized service throughout the country.
The SOPs was recently been developed and signed. It will be available on request to the CNLTPPA.
Measures to Detect Trafficking in Persons (TIP) and Smuggling of Migrants (SOM) Cases along the Borders
There is no specific mechanism. However, Government adopted measures by training its Border Officers to identify of victims of trafficking. Also, by reinforcement of capacity building trainings supported by IOM in coordination with MIDAS (Border Management Information System), to be able to detect trafficking and smuggling cases.
Law Enforcement Agencies Responsible for Investigating Cases of Trafficking in Persons (TIP) and Smuggling of Migrant (SOM)
The Office for the Protection of Gender, Childhood and Morals (OPROGEM) is the Special Unit in fight Against Organised Crime.
The OPROGEM was created by Order No. 3476 of December 1, 2009, reports to the Minister of Security and Civil Protection. OPROGEM is a specialized police unit which employs 56 police officers responsible for investigating and compiling statistics for crimes committed against children and women.
The Special Brigade for the Protection of Vulnerable Persons of the Gendarmerie (BSPPV): It is a special unit under the auspices of the High Command of the National Gendarmerie Directorate of Military Justice (HGNDJM).
The mission of these two units mainly concerns the repression of violence, in particular domestic violence, trafficking, rape, kidnapping, female genital mutilation and forced marriage.
Identity and Travel Documentation/ Investigation and Forensic Lab
(This is in views to support identity verification/establishment as for victims and traffickers).
On Guinean territory, two services take a technical look at criminal investigations: the Directorate of Technical and Scientific Police (DPTS) attached to the Central Directorate of Judicial Police within the Ministry of Security and Civil Protection; and the Regional Technical and Scientific Police Unit (URPTS), which depends on the high command of the national gendarmerie, and therefore on the Ministry of National Defense.
The Directorate of Technical and Scientific Police (DPTS): Since 2009, the DPTS has collected and classified a collection of approximately 8,000 ten-digit identification sheets corresponding to the “special zone” (ZS) of Conakry. The central database administered by the DPTS includes all the criminal files established in this ZS, only since 2010. The DPTS intervention team is made up of five officials who mainly carry out basic forensic activities due to a lack of technical resources.
The Regional Technical and Scientific Police Unit (URPTS) is hosted in the premises of the Sonfonia gendarmerie school, on the outskirts of Conakry. Created in June 2018, this unit brings together eight non-commissioned officers who have recently specialized in criminalistics. This team has expertise in the areas of investigation support, criminal identification, crime scene management, forensic photography, ballistics and cybercrime. It is also responsible for the administration of a central criminal identification file. URPTS is a well-structured service, but its premises are far from the center of the capital. Moreover, the criminal identification file created in 2013 contains only a few hundred ten-typed files. The hardcopies files are scanned and then integrated into a database developed under Access, but the computer which hosts it is not sufficiently efficient to carry out research. The unit has more equipment and more recent than those of the DPTS.
Technical Working Groups (TWG)
CANEPE is the Framework of Non-State Actors for the Protection of Children consisting of actors that work on child protection such as UNICEF, IOM, Sabou Guinea, and others.
The National Coalition of NGOs for the Protection and Promotion of the Rights of the Child, Fighting Against Trafficking (COLTE / CDE) is a structure that brings together eighty-four national and international NGOs working in the field of Childhood in Guinea. The COLTE / CDE aims to improve the effectiveness and efficiency of interventions for the rights and protection of children in Guinea. The COLTE / CDE aims to: 1. Strengthen the intervention capacities of NGOs in the field; 2. Be a credible interlocutor for all other partners / actors (state, donors, civil society) in the field of protection and promotion of children’s rights in Guinea; 3. Develop synergies of actions between member NGOs.
Agency Responsible for Data Collection and Processing
The collection of administrative data on trafficking and smuggling is carried out by the Office for the Protection of Gender, Childhood and Morality (OPROGEM) in coordination with CNLTPPA
The OPROGEM, has been entrusted with preparing, planning and following up all the activities, programs and other legal measures adopted by the national police force to protect vulnerable categories of the population and morality. The responsibilities of OPROGEM include collecting, exchanging and disseminating data on the protection of childhood, women and morality, and on the identity of those responsible for such violations and their accomplices; surveying the entry and departure of children from the national territory; and promoting an international cooperation mechanism for the protection of the rights of children and women and of morality.
The Special Brigade for the Protection of Vulnerable Persons of the Gendarmerie (BSPPV) Also supports the data collection through the cases and investigation that they are in charge.
Protection and Assistance to Victims of Trafficking Agencies
Competent Authority and Mechanism to Identify Victims of Trafficking
OPROGEM would be the most competent authority in coordination with CNLTPPA members. To determine whether an individual is a VOT, he or she is interviewed by a police official using a national screening form for victim identification. Depending upon a case-by-case basis, an individual can receive assistance before being recognized as a VOT (being recognized as a VOT is not necessarily required to receive assistance).
Assistance Services and Contacts
There is no booklet available for the listing existing assistance services.
Cross-Border Cooperation
International Cooperation Agreements - Cross Border and Extradition Treaties
INTERNATIONAL COOPERATION/REGIONAL COOPERATION
United Nations Convention against Transnational Organised Crime and the Protocols (2000) and UN Convention on the Rights of the Child (1990)
ECOWAS (1975) and all subsequent protocols concerning the residence and free movement of persons: Guinea is member state and has National office under the General Directorate of African Integration of the Ministry of Cooperation and African Integration. The signing of the revised treaty further bound the sovereign states into agreeing on 93 different Articles, which they have agreed to work together as a single regional economic block. By signing the revised treaty member states reaffirmed the Treaty establishing the Economic Community of West African States signed in Lagos on 28 May 1975 and considered its achievements
African Charter on Human and Peoples’ Rights (2004); signed ratified by Guinea (1982)
Community of Sahel-Saharan States (CEN-SAD) (2007) – Guinea became a subsequent member
African Charter on the Rights and Welfare of the Child (1999);
The Libreville Joint Platform for Action of 24 February 2000 on the development of strategies to combat trafficking in children for the purpose of exploiting their work in West and Central Africa. The Libreville Consultation is the result of a long process of collaboration and continuous exchange between UNICEF, ILO and the government of Gabon, which has facilitated the participation of 21 countries of the region of West and Central Africa.
The Multilateral Regional Cooperation Agreement to Combat Trafficking in Persons, Especially Women and Children in West and Central Africa signed in Abuja on July 6, 2006.
The Cooperation Agreement to combat child trafficking in West Africa, signed on July 27, 2005 in Abidjan between Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria, and Togo.
The headquarters Agreement between Guinea and the International Organization for Migration (IOM) signed on 2001, in Geneva; with an office in Conakry that provides support on operational and administrative capacity of the government to manage migration flows. This includes capacity of managing bilateral and regional border check-points, prevention of migration-related crimes, raising awareness of the risks of irregular migration and trafficking in persons, youth employment and entrepreneurship, as well as capacity building for the judiciary and law enforcement agencies to articulate the fight against trafficking in persons.
IOM is the main international organization that assists the CNLTPPA in counter-trafficking issues in the country, as it:
Provides training on identification, referrals, and assistance to victims of trafficking to CNLTPPA members, police officials, border and immigration officials, and other relevant key stakeholders
Continues to support the Government of Guinea in its efforts to revise and implement the counter-trafficking National Action Plan since 2006; and has assisted in the development of a nationally validated and signed standard operating procedures (SOP) that focuses on how to identify and refer victims of trafficking
Supports the Government in creating coordination mechanisms among government, civil society, and private sector actors to strengthen awareness about false job offers in order to prevent young migrants from falling victim to trafficking networks.
More information English – French, recent research on youth migration trajectories in Guinea.
UNODC does not have an office in Guinea but continues to provide support to the Guinean Government on the fight against trafficking in Persons. In February 2019, UNODC organised a training in Conakry, to strengthen the capacity of 30 judges and prosecutors from lower courts to better understand the crime and effectively identify and prosecute perpetrators of trafficking in persons with a victim-centered approach. This was in line after a revision of the Guinean Penal Code in 2016 that resulted in the enactment of anti-trafficking provisions, the Guinean Government, through the Committee on Trafficking in Persons and Assimilated Practices (the Committee), requested UNODC’s support to fully implement the legislation.
Guinea is also included in UNODC SAHEL program, that aims to support the development of accessible, efficient and accountable criminal justice systems to combat illicit trafficking drug trafficking, organised crime, terrorism and corruption in the region
INTERPOL: there is an INTERPOL National Central Bureau (NCB) in Guinea, NCBs cooperate on cross-border investigations, operations and arrests. To take investigations beyond national borders, they can seek cooperation from any other NCB. In 2019, Interpol organised a training course for law enforcement officers in Guinea on the use of INTERPOL’s policing capabilities, in particular the Stolen and Lost Travel Documents (SLTD) database; document fraud; detecting individuals attempting to travel illegally; and illicit cross-border financial flows. At an operational level, OPROGEM and INTERPOL’s NCB frequently cooperate on different matters. Present exchanges of intelligence mainly focus on other forms of trafficking (such as trafficking in vehicles), although it also concerns TiP and SoM. This topic is also the subject of intelligence exchanges between INTERPOL Guinea, and the regional office in Abidjan, Côte d’Ivoire. When it comes to repatriating migrants and managing them on arrival at Conakry airport, close cooperation can be observed between the National Directorate for Guineans Abroad, the National Department for Humanitarian Action (SENAH), the National Directorate of Air and Border Police, and the IOM. More information at: (English) (French)
The EU delegation in Guinea also leads coordination on migration issues, including contact points from EU Member States and various Ministries, namely the Ministry of Foreign Affairs and the Directorate for Guineans Abroad. It can serve as a pertinent platform for coordinating and addressing the specific topic of the smuggling of migrants in further detail. Certain EU Member States (France, Germany, Italy, Spain and the United Kingdom) also directly support the country via various initiatives linked to migration, though not specifically to the issue of preventing and fighting the smuggling of migrants
In December 2019, Expertise France, initiated in a four years project on TIP in six Gulf Guinea countries, funded by the EU. The TIP project aims to support the authorities and civil society of six Gulf of Guinea countries (Guinea, Ivory Coast, Ghana, Togo, Benin and Nigeria) in the fight against human trafficking. This region is in fact characterized by a pattern of cross-border and circular trafficking: these countries are at the same time territories of origin, transit and destination of victims of trafficking.
BILATERAL COOPERATION
In 2005, Guinea signed a bilateral agreement with Mali on child trafficking. It concerns the fight against child trafficking, particularly in the areas of prevention, protection, repatriation, rehabilitation, reintegration, repression and cooperation. It specifies the obligations of the contracting parties and the plan to establish a monitoring mechanism (Available in English and French).
In 2018, Defence for Children International – Sierra Leone (DCI-SL) and Sabou/DCI Guinea facilitated the signing of Standard Operating Procedures (SOP) between Guinean and Sierra Leonean authorities to End Cross-Border Child Trafficking at Pamelap (Border between the Republic of Sierra Leone and the Republic of Guinea). These involved authorities of line ministries, frontline security officials, community leaders and civil society actors of both Guinea and Sierra Leone. More information (English)
Guinea’s institutionalized bilateral relations on migration-related matters are limited. The absence of agreements on entry, stay, and social security with such an important country of destination as France, is noteworthy. The main bilateral agreements which have been concluded are with Switzerland in 2011 and Regarding entry and stay of Guineans in Switzerland, the agreement generally refers to the applicable national legislation. It nevertheless also states that “stay permit applications from Guinean nationals will be considered with care, diligence and goodwill”. The agreement includes a number of mechanisms to facilitate the reintegration of voluntary returnees in Guinea, including the payment of travel costs by Switzerland, a financial reinstallation grant, and assistance to the development of individual economic projects in Guinea. Assistance to Guinean national authorities in the development of migration management capacities is also envisioned, as are cooperation mechanisms to address challenges regarding irregular migration, smuggling of migrants and trafficking in persons. The agreement also includes classical readmission provisions with Spain, as of 2006. The agreement concluded with Spain includes similar provisions as the convention with Switzerland but is more comprehensive in character. As noted above, it also includes a number of provisions regarding labour migration, integration of Guineans in Spain and assistance in the field of trafficking in persons.
Extradition agreements: Guinea ratified, in 1995, the 1994 ECOWAS agreements on extradition.
Convention A/P1/7/92 on Mutual Assistance in Criminal Matters. It was ratified by Guinea in 1993.
The Convention on Mutual Legal Assistance and Extradition against Terrorism signed in Rabat in 2008.
Transnational Referral Mechanism
A transnational referral mechanism (TRM) does not currently exist.
To learn more about TRMs, see IOM’s Transnational Referral Mechanism Model (TACT) project and tool.
Additional International Instruments
USEFUL REPORTS
IOM DTM: Migrants movements report (Nov 2018)
FMM West Africa: Immigration and Border Management baseline assessment (English) (French)
Guinea Migration Profile 2017: Maastricht University
COLTE/CRC: Supplementary report on the implementation of the Optional Protocol to the Convention on the Trafficking of children, prostitution and child pornography in Guinea (2016)
OFPRA: Mission l’Office français de protection des réfugiés et apatrides (OFPRA) report (2017) (French)
EU report 2018: Needs assessment study for the development and implementation of legislation and strategies to counter migrant smuggling covering Côte d’Ivoire, the Gambia, Guinea and ECOWAS. (available in several languages)
Relevant National Legislation and Policies
Entry Requirements
All 15 ECOWAS Member States: are entitled to travel/enter the country with National ID card or ECOWAS Laissez-Passer.
Visa on Arrival: United Arab Emirates (up to 90 days)
E-Visa: European Union members states and Libya (up to 90 days)
Visa exempted: Mauritania, Morocco, Namibia, Rwanda, Tanzania and Tunisia,
More information on Visa exemption (English) / Central Directorate of the Border Police (DCPAF)
National Legislation
To respect its international and regional commitments, Guinea has taken legal and institutional measures to combat trafficking in persons. On the legal level, Guinea did not have a special law on TIP, if not the adoption of these related legislation.
The Penal Code (2016 revision), Section III, Article 323 and 324. Focused on human trafficking and smuggling of migrants, it states that judges are now better oriented to judge cases of TIP in Guinea. As a result of this revision, many cases of human trafficking have been referred and judged accordingly compared to previous years, thus demonstrating a significant progression in the processing of cases (available in French only)
2010 Child Code, Art 385-396. The revised Child Code, including a more specific list of hazardous child labor activities in all relevant sectors, was submitted to the National Assembly and is now pending a vote. Guinean law prohibits hazardous occupations and activities for children; however, these prohibitions do not cover agriculture. Article 2.6 of Order 2791 prohibits children under age 18 from working in the extraction of minerals and materials from mines and quarries. The Child Code prohibits all forms of child trafficking – as per the international definition of the crime – and foresees penalties of three years to lifetime imprisonment for perpetrators (available in French).
Law L/2019/0059/AN of December 30, 2019 on the Child Code of the Republic of Guinea, was promulgated by the President of the Republic on March 11, 2020 (Decree D / 2020/065 / PRG / SGG), and was published in the Official Journal on June 19, 2020. See more specifically Articles 893 and forward in the new Code in force (Available only in French).
LEGISLATION REGARDING SMUGGLING OF MIGRANTS
In general terms, the national legal framework is coherent with the measures set out by the UN Protocol against the Smuggling of Migrants.
In order to incorporate these conventions into its national legal framework, the country amended its Children’s Code, its Labour Code and its Penal Code. In particular, the Guinean Penal Code and the Code of Criminal Procedure were revised in December 2016 to include, among other elements, the criminalization of human trafficking and of the SoM, thereby filling a previous legal loophole. A series of specific provisions apply to SoM (Articles 334 to 340 in Section IV of the Penal Code), in line with the UN Smuggling Protocol. Smuggling of migrants is punishable by one to three years in prison and/or a fine ranging from 5,000,000 to 10,000,000 Guinean francs (GNF) - approx. EUR 500 to 1,000. If the offence is committed by an organised criminal group, Article 335 of the Penal Code provides for a three to five years prison sentence and a fine ranging from GNF 10,000,000 to GNF 50,000,000 (approx. EUR 1,000 to 5,000).
Art. 336 of the Penal Code further criminalizes the act of producing, procuring, providing or possessing fraudulent travel or identity documents when done with the purpose of enabling illegal entry into another country. Participating as an accomplice is punished with the same penalties as applied to the offender (Art. 337 of the Penal Code). Specific aggravating circumstances: endangering the life or safety of the migrant, inflicting inhuman or degrading treatment, and exploitation. Finally, attempt is criminalized (Art. 338 of the Penal Code), and legal entities can also be held liable for the commission of the offences in Section IV of the code.
Recent Modifications and New Decrees
Decree D/2018/260/PRG/SGG, promulgating Law L/2018/050/AN relating to Asylum and the Protection of Refugees in the Republic of Guinea, 24 October 2018 (available in French ).
Guinea has developed a protection and welfare of migrant workers policy. In 2015, The Ministry of Human Rights and Civil Liberties of Guinea presented an initial report on the implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of Their Families.
Existing Policies
National Migration Policy: Within the framework of the EU-ECOWAS-funded “Support to Free Movement and Migration in West Africa (FMM West Africa)”, the Government of Guinea has commenced the process of developing its national migration policy. This document aims to set the broad policy objectives and migration management strategies as well as enhance the formulation of sectoral policies to address issues related to migration. Sectoral policies, for instance labour migration, diaspora mobilization, counter trafficking, border management, will be derived from the national migration policy. The policy development process is led by the Guinean Ministry of Foreign affairs and Guineans Abroad (More information available in English).
Legal Instruments for Assistance and Compensation to Victims of Trafficking
REGARDING LEGAL ASSISTANCE
The Ministry of Justice is responsible to provide legal assistance. After identification and in-depth investigation, once the results are obtained from the investigation then legal assistance is provided as necessary and under the informed consent of the victim. There are no specific conditions, the access to legal is decided on a case -by-case basis.