Prosecution of human trafficking in Guinea (TIP 2023)

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The government marginally increased anti-trafficking law enforcement efforts.  Article 323 and 324 of the penal code criminalized sex trafficking and labor trafficking and prescribed penalties of three to seven years’ imprisonment, a fine, or both for trafficking offenses involving an adult victim, and five to 10 years’ imprisonment, a fine, or both for those involving a child victim.  These penalties were sufficiently stringent; however, by allowing for a fine in lieu of imprisonment, the penalties for sex trafficking were not commensurate with those prescribed for other serious crimes, such as rape.  Under Article 893 and 894 of the children’s code, child trafficking crimes were prescribed penalties of five to 10 years’ imprisonment and a fine of 50 million to 100 million Guinean francs ($5,850-$11,690); these penalties were commensurate with those prescribed for other grave crimes, such as rape.  Article 343 of the penal code separately criminalized forced begging and prescribed penalties of one to three years’ imprisonment and a fine; these penalties were not sufficiently stringent.  

Insecurity across the country hindered the government’s collection of law enforcement statistics.  The government did not report anti-trafficking data consistently from year to year, making it difficult to assess its law enforcement efforts.  The government reported initiating investigations of 127 suspects in an unknown number of cases, including 67 for sex trafficking, seven for forced labor, and 53 for unspecified forms of trafficking, compared with 46 case investigations of an unknown number of suspects in 2021, and continued investigations of 16 trafficking cases initiated in the previous reporting period.  The government reported prosecuting 42 suspects, including three for sex trafficking, four for labor trafficking, and 35 for unspecified forms of trafficking, and continued prosecution of 19 suspects initiated in previous reporting periods.  This compared with no reported prosecutions in the previous reporting period.  Courts convicted 10 traffickers, two for sex trafficking, three for labor trafficking, and five under other statutes, compared with 24 convictions during the previous reporting period.  The 10 convicted traffickers received sentences of two years or less, fines, and were ordered to pay restitution, which did not serve to deter the crime or adequately reflect the nature of the offense.  The Special Brigade for the Protection of Vulnerable Persons (BSPPV) and OPROGEM were the lead government entities responsible for investigating trafficking cases, and the General Secretary for Special Services, Counter-Narcotics, and Combating Organized Crime could investigate transnational trafficking cases.  The government continued to dedicate a budget to OPROGEM and completed construction of its new headquarters building.  Designated magistrates in the Ministry of Justice prosecuted trafficking cases.  Despite a December 2022 public report indicating observers’ continued concerns of Guinean children exploited in forced labor in Quranic schools, the government has not prosecuted perpetrators of this form of forced child labor.  

The government did not report any investigations, prosecutions, or convictions of government employees complicit in human trafficking crimes; however, corruption and official complicity in trafficking crimes remained significant concerns, inhibiting law enforcement action.  The lack of extradition agreements with countries in Africa and the Middle East impeded prosecutions of alleged traffickers from those countries.  The government partnered with the Government of Tunisia and other regional governments to share best practices for combating trafficking.  Observers reported in some instances the Government of Guinea required foreign government officials to first prove Guinean children’s nationality before assisting with their repatriation.

Observers reported a lack of general knowledge about trafficking and trafficking provisions under the 2016 penal code among government officials, especially judges and prosecutors in lower courts.  The government, in partnership with a foreign government and NGOs, trained police cadets, gendarmes, and border police on anti-trafficking investigations and identifying and interviewing victims.  The government trained judges on trafficking and trafficking networks.  The government, in conjunction with an international organization, held capacity building workshops to improve data collection on TIP cases.

from 2023 Trafficking in Persons Report – U.S. Department of State

2023 Trafficking in Persons Report – United States Department of State

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