Règle correspondante
Guinea
Practice Relating to Rule 135. Children
Guinea’s Children’s Code (2008) states:
Article 265: Every Child … affected by an armed conflict … is considered an “Orphan and Vulnerable Child”.
Article 266: [Orphans and Vulnerable Children] shall benefit from all necessary support from the State and its components.
Such support may include:
- Direct actions in favour of [Orphans and Vulnerable Children] carried out in order to improve their living conditions without the intervention of intermediaries;
- Empowering communities: giving communities the opportunity of endogenous action promoting care for [Orphans and Vulnerable Children];
- Reinforcement of institutional capacities by improving the intervention skills of NGOs [non-governmental organizations], institutions and communities through training courses and equipment;
- Activities and awareness-raising [campaigns] in order to encourage communities to bring about positive change for [Orphans and Vulnerable Children].
Article 267: [Orphans and Vulnerable Children] shall benefit from legal and judicial assistance from the Center for Legal Assistance, [c]ounselling centers, the National Bar Association of Guinea, the National Chamber of Judicial Officers and other State institutions.
Article 287: The following situations are considered as particularly difficult and threatening to the health of a Child, his or her development or physical or moral integrity:
- The Child’s exposure to and his or her exploitation during armed conflicts;
Article 433: Children affected by an armed conflict benefit from all the protective measures laid down in International Humanitarian Law. They shall receive all the care and help they may need due to their age or due to any other reason.
Article 435: A Child shall benefit from material conditions of the detention or internment appropriate to his or her age.
Article 439: All necessary measures shall be taken to ensure that children under the age of 15, who are either orphans or separated from their family for reasons linked to an armed conflict, will not be left to their own devices. 
Guinea, Children’s Code, 2008, Articles 265–267, 287, 433, 435 and 439.
In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:
18. Training programmes have been designed and implemented for judges and justice officials to familiarize them with the [1989] Convention [on the Rights of the Child], and particularly articles 37 [prohibition of torture, arbitrary deprivation of liberty, human treatment, contact with family members, access to legal assistance and right to challenge the legality of the deprivation of liberty] and 40 [infringement of penal law by a child], and to familiarize members of the Armed Forces with the Optional Protocol on the involvement of children in armed conflict.
19. Every military garrison now has a Convention focal point.
480. The armed conflicts in neighbouring countries and their repercussions in Guinea … have affected children more than anyone else.
482. Action taken:
- Establishment of child protection units in the garrisons of the country
- Training of more than 2,000 senior and junior officers and enlisted personnel in the protection of children before, during and after armed conflicts
487. There are also shelters and counselling centres for the physical and psychological … rehabilitation of children in general. 
Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 18–19, 480, 482 and 487.
Guinea’s Children’s Code (2008) states:
A Child under the age of 15 years of age who is deprived of their liberty for reasons linked to an armed conflict shall benefit from all the protection granted to him by International Humanitarian Law.
In particular:
- A Child shall receive schooling, including religious and moral education, according to the wishes of his parents or guardians. 
Guinea, Children’s Code, 2008, Article 435.
In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:
471. Guinea has been greatly affected by the civil wars in Liberia and Sierra Leone that have raged since 24 December 1989. Faithfully observing international human rights agreements, the [1989] Convention [on the Rights of the Child] and the [1990] African Charter on the Rights and Welfare of the Child, Guinea has generously opened its doors to more than half a million refugees, including more than 305,000 children and young persons under 18 years of age (or 61 per cent of the refugee population), traumatized and hounded by a war that threatens their survival. They have been given shelter throughout the national territory, but especially in Guinée Forestière.
480. The armed conflicts in neighbouring countries and their repercussion[s] in Guinea … have affected children more than anyone else.
488. Social reintegration [of separated children, including former child soldiers,] is accomplished through:
- At the vocational level, placing children in different trades: driving instruction, mechanics, hairdressing, soap-making, etc.
- At the educational level, adaptation of some refugees to the Guinean education system with support for school meals and supplies
490. We witnessed more than 9,000 children and young persons organized into self-defence groups to defend and liberate [their] homeland … On the initiative of the Ministry for Children, a social and vocational training demobilization and reintegration project was … launched in the prefectures of Kissidougou and Guéckédou in Guinée Forestière. This project involved … 350 young persons, who received vocational training in eight key areas: coppersmithing, dressmaking, electrical work, bricklaying, information technology, farming, trade and carpentry. 
Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 471, 480, 488 and 490.
Guinea’s Children’s Code (2008) states:
Article 437: During an armed conflict, measures for temporary evacuation of children as a result of hostilities shall be taken in accordance with the rules of International Humanitarian Law, particularly with regard to the consent of the parents or guardians, identification of children, their security and well-being … and their return.
Article 438: The provisions of the preceding article shall apply to children displaced internally in the Republic of Guinea due to natural disaster, internal conflict, civil unrest, and collapse of economic and social structure or any other reason. 
Guinea, Children’s Code, 2008, Articles 437–438.
Guinea’s Children’s Code (2008) states: “In no circumstances shall the death penalty or life imprisonment without the possibility of release be imposed for offences committed by Children who were under the age of 18 at the time of their commission.” 
Guinea, Children’s Code, 2008, Article 345.
In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:
471. Guinea has been greatly affected by the civil wars in Liberia and Sierra Leone that have raged since 24 December 1989. …
475. This situation has also given rise to child trafficking and separated children from their families. A study conducted in November 1999 by the International Rescue Committee (IRC) has helped to identify and document 252 separated children on the streets of Conakry. These children were separated from their families following rebel incursions into border areas, resulting in a sadly unknown number of Guinean and refugee children being abducted and forcibly recruited into the rebel forces and turned into child soldiers.
482. Action taken:
- Repatriation and reintegration of 25 to 40 former child soldiers demobilized in Liberia.
491. In addition, with assistance from ICRC, 23 former child combatants in Liberia were demobilized and returned to their homes in Guinée Forestière, involving 16 communities in four prefectures. These children were able to rejoin their families and benefit from a customized project monitored by the non-governmental organization Sabou Guinée with funding from UNICEF. 
Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 471, 475, 482 and 491.