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Guinea

Prepared by civil society, is comprehensive and contains almost all rights and obligations in Model Law, albeit in less detail.

Law on the protection and promotion of human rights defenders

Type of instrument: Law
Status: (as of 1 January 2022)
In Progress; Process on hold since Coup d’Etat.

Comments on the instrument:
The law, prepared by civil society, is comprehensive and contains almost all rights and obligations enshrined in the Model Law, albeit not in as much detail. A positive aspect is that Chapter IV establishes that nothing in the law can affect any more favourable provisions for the recognition and protection of human rights defenders contained in other national or international instruments.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No.

 


Comparison to the Model Law

Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Guinea, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument (as compared to the Model Law):

Provision

Covered?

Analysis / articles

Definition of Human Rights Defender

FULL

2

Right to promote and protect human rights and fundamental freedoms

FULL

4

Right to Form Groups, Associations, and Organisations

FULL

4

Right to Solicit, Receive and Utilise Resources

FULL

11

Right to freedom of expression and to seek, receive and disseminate Information

FULL

4

Right to access and cooperate with NGOs, government organisations and international organisations

FULL

4, 10

Right to participate in public affairs

FULL

4, 6, 7

Right to Peaceful Assembly

FULL

5

Right to represent and advocate

FULL

7

Right to freedom of movement

NONE

 

Right to Privacy

PART

9, 24

Freedom from intimidation or reprisal

FULL

5, 8

Freedom from defamation and stigmatisation

FULL

13

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders

FULL

12, 13, 15, 21, 22

Obligation to facilitate the activities and work of human rights defenders 

FULL

15, 23

Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal

FULL

13, 25, 26, 27

Obligation to investigate, provide an effective remedy and ensure reparation

FULL

14, 28, 29

Mechanism on the protection of human rights defenders established in the instrument?
No.

Quick access

Guinea draft law