aggressive awareness raising about the negative consequence of child marriage
and ensure that all children are enrolled in school until the age of 18.
On children in conflict with the law
42. Appreciating the establishment of the special court for children in Conakry, the
Committee further encourages the establishment of these courts in all regions.
The Committee recommends the consideration of juvenile cases in camera,
separation of children in both pre-trial and post-trial proceeding, and a
noncustodial sentence for children. The Committee recommends the separation
of children from adults in prisons and the supply of necessary facilities to prisons
accommodating children. The Government should ensure that children are not
subjected to abuse and torture in prisons. The Committee recommends for the
State Party to refer to the Guidelines on Action for Children in the Justice System
in Africa in taking the necessary measure to make the justice system suitable to
children and their wellbeing.
43. The Committee has learns from the report of the State Party that there has been
one instance where a child was sentenced to death penalty. The Committee
urges the State Party to reform its Penal laws to avert sentencing children to
death penalty. The Charter does not only prohibit execution of death penalty but
also sentencing children to death penalty. Therefore, the Committee
recommends the harmonization of the Penal Code with the Charter.
On Children of incarcerated parents or care givers
44. In relation to children incarcerated with their mothers, the Committee refers the
State Party to its General Comment No. 1 on Article 30 of the Charter. The
Committee recommends for a non-custodial sentence both in pre-trial and trail in
accordance with article 30 of the Charter.
I. Responsibility of the child
45. The Committee notes with appreciation Article 7 of the Code of the Child which
incorporates responsibility of the child. The Committee further encourages the
State party to give due consideration to Article 30 of the Charter and sensitise the
society to make children responsible within the limits of their capacity so that they
could learn on how to be responsible citizens in schools, family setting and in the
community.
J. Conclusion
46. The African Committee of Experts on the Rights and Welfare of the Child
appreciates with satisfaction the efforts invested by the Government Guinea and
aspires for the implementation of these recommendations. The Committee would
also like to indicate that it will undertake a follow up Mission to ascertain the
implementation of the recommendation in the foreseeable future. The African
Committee of Experts on the Rights and Welfare of the Child takes this
opportunity to renew to the Government of Guinea, the assurances of its highest
consideration.