LGBTQ rights in Guinea

LGBTQ rights in Guinea
Guinea
Legal status	Illegal since 1988
Penalty	6 months to 10 years imprisonment, and a fine; maximum penalty imposed if committed with a person under 21 or by force
Gender identity	No
Military	No
Discrimination protections	Limited protection based on sexual orientation
Family rights
Recognition of relationships	No recognition of same-sex unions
Adoption	No

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Guinea face legal challenges not experienced by non-LGBTQ residents. Both male and female expressions of same-sex sexual activity are illegal in Guinea, and discriminatory attitudes towards LGBTQ people are generally tolerated in the nation.

Law regarding same-sex sexual activity

The Guinean Penal Code provides as follows.

• Article 325.

Any indecent act or act against nature committed with an individual of the same sex will be punished by imprisonment of six months to three years and a fine of 100,000 to 1,000,000 Guinean francs. If the act was committed with a minor under 21 years of age, the maximum sentence must be pronounced. If the act was consummated or attempted with violence or attempted violence, the guilty person will be condemned to five to ten years of imprisonment.

• Article 326.

A public indecency is defined as any intentional act committed publicly and likely to offend the decency and the moral sentiments of those who are its inadvertent witnesses.

• Article 327.

Any person that has committed a public indecency will be punished by three months to two years of imprisonment and a fine of 50,000 to 450,000 Guinean francs or simply by one of these two punishments.

When an indecent act is committed by a group of individuals, the penalties described in the first paragraph of the current article will be doubled.

Recognition of same-sex unions

There is no recognition of same-sex unions.

Adoption and family planning

A couple married for a minimum of five years or an unmarried person who is at least 30 years of age is eligible to adopt a Guinean child if there is at least 15 years between the age of the child and the age of the adopting parent. Guinean law does not specifically make LGBTQ persons ineligible to adopt.

Discrimination protections

There are no laws protecting LGBT people from discrimination in areas such as health, employment, and access to goods and services. However, there are other limited legal provisions that protect sexual orientation and sexual minorities.

• Law L/2016/037/AN Relating to Cybersecurity and the Protection of Personal Data in the Republic of Guinea, protects sexual orientation and sexual life as personal and sensitive data. Article 56 states: "Whoever, outside the cases provided for by this law, places or stores on a computer medium or memory, without the express consent of the person concerned, personal data which, directly or indirectly, reveal the origin, race, ethnicity, political, philosophical or religious opinions, or trade union membership, or which relate to the health or sexual orientation of the person concerned or to any other information inherent to them and of a sensitive or strictly personal nature, shall be punished by imprisonment of one (1) year to seven (7) years and a fine of 30,000,000 to 150,000,000 Guinean Francs or one of these two penalties only."

• Law L/2024/001/CNT/SGG of January 12, 2024, Relating to HIV Prevention, Care, and Protection of people living with HIV defines "Members of sexual minorities" as "individuals whose sexual orientation or identity falls outside the framework of heterosexuality, such as gays, lesbians, bisexuals, intersex, and transgender people, whether they identify as such or not." Also, it states that transgender is a "person whose sexual identity and expression do not conform to their birth sex and traditionally accepted norms."

Section 9.9.30(b) of the Guinea Aeronautical Regulations (2022) issued by the Ministry of Civil Aviation states that the competent government agencies will not use Passenger Name Record Data that reveals an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning their health, sex life, or sexual orientation.

Ordinance No. 056/2009/PRG/SGG on the Prevention, Care, and Control of HIV/AIDS in the Republic of Guinea states that sexual minorities are individuals whose sexual orientation does not correspond to the heterosexual framework, such as men who have sex with men, lesbians, bisexuals, and intersex people and includes them as vulnerable and marginalized groups.

Living conditions

The U.S. Department of State's 2011 Human Rights Report found that in 2011,

There were deep social, religious, and cultural taboos against homosexual conduct. There were no official or NGO reports of discrimination against individuals based on their sexual orientation or gender identity. Nevertheless, during the 2010 opening of the Office of the High Commissioner for Human Rights in Conakry, the prime minister announced his belief that consensual same sex sexual activity is wrong and should be forbidden by law. He also said that sexual orientation should not be regarded as a basic human right. There were no active lesbian, gay, bisexual, or transgender organizations.

Summary table

Same-sex sexual activity legal	(Penalty: Up to 10 years imprisonment and fines from 100,000 to 1,000,000 Guinean francs)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

• Human rights in Guinea

General:

• LGBTQ rights in Africa
• Human rights in Africa