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FTC Releases Reports on Cigarette and Smokeless Tobacco Sales and Marketing Expenditures for 2022
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The number of cigarettes that the largest cigarette companies in the United States sold to wholesalers and retailers nationwide decreased from 190.2 billion in 2021 to 173.5 billion in 2022, according to the Federal Trade Commission’s most recent Cigarette Report . The report also states that in 2022, menthol flavored cigarettes comprised 36 percent of the market among major manufacturers.
The amount spent on cigarette advertising and promotion decreased from $8.06 billion in 2021 to $8.01 billion in 2022. Price discounts paid to cigarette retailers ($5.74 billion) and wholesalers ($1.14 billion) were the two largest expenditure categories in 2022. Combined spending on price discounts accounted for 85.9 percent of industry spending.
According to the Smokeless Tobacco Report , smokeless tobacco sales decreased from 122 million pounds in 2021 to 113.3 million pounds in 2022. The revenue from those sales rose from $4.96 billion in 2021 to $4.98 billion in 2022. Menthol flavored smokeless tobacco products comprised more than half of all sales and fruit flavored smokeless tobacco products comprised 2.6 percent of pounds sold.
Spending on advertising and promotion by the major manufacturers of smokeless tobacco products in the U.S. decreased from $575.5 million in 2021 to $572.7 million in 2022. The two largest spending categories in 2022 were price discounts paid to retailers, which were $360.5 million, and promotional allowances paid to wholesalers, which were $44.7 million.
Smokeless tobacco manufacturers also reported selling $1.06 billion of nicotine lozenges, pucks and pouches not containing tobacco in 2022, more than double the $452.8 million sold in 2020.
The Commission has issued the Cigarette Report periodically since 1967 and the Smokeless Tobacco Report periodically since 1987. The Commission vote to issue both reports was 3-0.
The primary staffer on the reports is Michael Ostheimer in the FTC’s Bureau of Consumer Protection.
The Federal Trade Commission works to promote competition and protect and educate consumers . Learn more about consumer topics at consumer.ftc.gov , or report fraud, scams, and bad business practices at ReportFraud.ftc.gov . Follow the FTC on social media , read consumer alerts and the business blog , and sign up to get the latest FTC news and alerts .
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More From Forbes
Jetblue schiphol loss tests environmental policy between u.s. and eu.
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NEW YORK, NEW YORK - NOVEMBER 10: A JetBlue jet moves along the runway at Laguardia AIrport on ... [+] November 10, 2022 in the Queens borough of New York City. The airline industry has rebounded this year and is looking forward to a busy holiday season. (Photo by Bruce Bennett/Getty Images)
JetBlue’s bold plans to expand premium low-cost transatlantic flights ran into setbacks as the airline lost slots at Schiphol Airport for Summer 2024. JetBlue faced challenges establishing these flights for the same reasons they have now been canceled: increased pressure to reduce noise and maintain environmental standards at Amsterdam’s Schiphol Airport.
The Dutch government has limited the number of flight operations at Schiphol principally to reduce noise and carbon emissions. The new regulations will reduce flights at Schiphol Airport from 500,000 to 460,000 annually starting in the Summer of 2024. Furthermore, the government plans to reduce flights at Schiphol to 452,500 beginning in the Winter of 2024. These environmental plans are unpopular with airlines, including KLM and other European carriers.
JetBlue Views Schiphol Policy As Challenge To Low-Cost Competition
JetBlue, however, sees this as a policy challenge against low-cost entry in the profitable transatlantic market. It claimed so when requesting the U.S. Department of Transportation’s intervention to establish the Amsterdam route in February of this year.
The airline claimed that Airport Coordination Netherlands, ACNL, in first rejecting its planned Amsterdam service, “blatantly discriminates against low-cost carrier business model choices and other airlines that elect not to be part of an international immunized alliance.”
JetBlue later withdrew its initial complaint with the U.S. DOT after receiving slots at Schiphol for the Winter 2023/2024 season. The airline assumed the new flights would make its operations eligible for “historic status” at Schiphol, making it immune to the flight restrictions and allowing JetBlue to fly to Amsterdam year-round.
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However, even then, JetBlue had doubts. The airline asked the U.S. DOT to dismiss its original complaint “without prejudice.” This would allow JetBlue to refile the International Air Transportation Fair Competitive Practices Act complaint if necessary.
At the end of September, JetBlue Airways, facing the imminent cancellation of its newly launched Amsterdam service, once again filed a complaint against the Dutch government and the European Union under the IATFCPA.
Anticipating the inevitable in October, JetBlue asked the U.S. Department of Transportation to ban KLM from New York’s John F. Kennedy International Airport if planned Schiphol Airport restrictions affected its operations, saying they violate the U.S.-EU Air Transport Agreement.
It was all for naught. This week, the ACNL announced that airlines without historic rights at Amsterdam’s Schiphol airport, including JetBlue, will not be allocated slots for summer 2024.
Environmental Controls Lead To Conflicts In International Airline Competition
Silhouette of group of travelers at Schiphol Airport in Amsterdam, the Netherlands.
While there have been historic, prolonged policy disputes over introducing low-cost airline transatlantic service, the flight restrictions at Schiphol negatively impact all airlines, including the 104-year-old Dutch flagship KLM Royal Dutch Airlines.
Rather than a measure of the effectiveness of low-cost transatlantic competition, this situation is a test case for harmonized policy between the U.S. and the European Union on environmental restrictions that affect all international aviation.
The ACNL decision does not just target JetBlue’s flights. Even airlines with long-established historic rights to fly to Schiphol will have 3.1% fewer slots next summer, supporting the Dutch government’s plan.
The International Air Transport Association, European Business Aviation Association, European Regions Airline Association, and Airports Council International Europe have all registered complaints with the European Commission and European courts against flight reductions at Schiphol.
KLM described the government’s decision as “incomprehensible,” warning of its negative impact on the Dutch economy.
“We submitted the cleaner, quieter, and more efficient plan. In it, we show that we can achieve the noise reduction targets while maintaining the current number of flight movements, maintaining the connection between the Netherlands as a trading nation and the rest of the world,” said KLM CEO Marjan Rintel.
Willie Walsh, Director General of the International Air Transport Association, has also objected to the Dutch government’s decision. “Our opposition is not about the merits of reducing noise: airlines are determined to do so and have plans and investments in place to that effect. This is about ensuring that the lawful internationally agreed process for managing noise is adhered to so that the benefits of aviation generated by Schiphol can be safeguarded for the people of the Netherlands as a whole,” Walsh said.
Olivier Jankovec, Director General of ACI EUROPE, said the restrictions come “at the expense of the Dutch economy and jobs. We are calling upon the European Commission to urgently ensure the respect of the Balance Approach principles as per EU law.”
Skillful International Negotiations Required
Amsterdam buildings at sunrise
The argument over Schiphol crossing the Atlantic will be a test case of the effectiveness of stricter European restrictions on civil aviation in aid of environmental targets.
The U.S. DOT might act on the complaints of JetBlue and a similar complaint filed by Airlines for America, which represents American Airlines, Delta Air Lines DAL , and United Airlines, along with JetBlue and others. However, imposing restrictions on KLM’s operations in JFK will be politically charged and problematic for all.
For the Dutch carrier and the world’s oldest airline, losing its flight access to New Amsterdam would be historically ironic and will likely be hotly contested. But perhaps this contentious situation could result in something favorable for all involved if the U.S. can somehow persuade the Dutch to ease their policy.
The U.S. must maintain positive relationships with partners in the EU while avoiding a precedent that could lead to further restrictions from other countries implementing stricter aviation policies, including France.
The Dutch government has shown itself to be intransigent on flight numbers. This suggests that reducing the number of flights at Schiphol is the main aim of the government’s policy, with noise reductions as a secondary benefit. The escalation of the dispute to the EU Commission will be prolonged and the results uncertain.
For its part, Schiphol has an eight-point plan to promote quieter, cleaner, and more sustainable aviation. It includes restricting aircraft take-offs and landings between midnight and early morning and barring private jets.
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U.S. GDP grew at a 4.9% annual pace in the third quarter, better than expected
- Gross domestic product, a measure of all goods and services produced in the U.S., rose at a 4.9% annualized pace in the third quarter, ahead of the 4.7% estimate.
The sharp increase came due to contributions from consumer spending, increased inventories, exports, residential investment and government spending.
- While the report could give the Fed some impetus to keep policy tight, traders were still pricing in no chance of an interest rate hike when the central bank meets next week.
The U.S. economy grew even faster than expected in the third quarter, buoyed by a strong consumer in spite of higher interest rates, ongoing inflation pressures, and a variety of other domestic and global headwinds.
Gross domestic product, a measure of all goods and services produced in the U.S., rose at a seasonally adjusted 4.9% annualized pace in the July-through-September period, up from an unrevised 2.1% pace in the second quarter, the Commerce Department reported Thursday. Economists surveyed by Dow Jones had been looking for a 4.7% acceleration in real GDP, which also is adjusted for inflation.
Consumer spending, as measured by personal consumption expenditures, increased 4% for the quarter after rising just 0.8% in Q2, and was responsible for 2.7 percentage points of the total GDP increase. Inventories contributed 1.3 percentage points. Gross private domestic investment surged 8.4% and government spending and investment jumped 4.6%.
Spending at the consumer level split fairly evenly between goods and services, with the two measures up 4.8% and 3.6%, respectively.
The GDP increase marked the biggest gain since the fourth quarter of 2021.
Markets reacted little to the news, with stocks mixed in early trading and Treasury yields mostly lower.
"This report confirmed what we already knew: The consumer went on a shopping spree in the third quarter," said Michael Arone, chief investment strategist for U.S. SPDR Business at State Street Global Advisors. "I don't think anything in this report changes the outlook for monetary policy. That's why I don't think you're seeing an overreaction from markets."
While the report could give the Federal Reserve some impetus to keep policy tight, traders were still pricing in no chance of an interest rate hike when the central bank meets next week, according to CME Group data. Futures pricing pointed to just a 27% chance of an increase at the December meeting following the GDP release.
"Investors should not be surprised that the consumer was spending in the final months of the summer," said Jeffrey Roach, chief economist at LPL Financial. "The real question is if the trend can continue in the coming quarters, and we think not."
In other economic news Thursday, the Labor Department reported that jobless claims totaled 210,000 for the week ended Oct. 21, up 10,000 from the previous period and slightly ahead of the Dow Jones estimate for 207,000.
Also, durable goods orders increased 4.7% in September, well ahead of the 0.1% gain in August and the 2% forecast, according to the Commerce Department. Orders for durables, which include appliances, aircraft and electronics posted their biggest gain since July 2020.
At a time when many economists had thought the U.S. would be in the midst of at least a shallow recession, growth has kept pace due to consumer spending that has exceeded all expectations. The consumer was responsible for about 68% of GDP in Q3.
While the U.S. has proven resilient to the various challenges, most economists expect growth to slow considerably in the coming months. However, they generally think the U.S. can skirt a recession absent any other unforeseen shocks.
"Going forward, the consumer's not going to spend at the same rate, the government is not going to spend at the same rate, and businesses seem to be slowing down their spending as well," Arone said. "This suggests this might be the peak GDP figure, at least in the next few quarters."
Even with Covid-era government transfer payments running out, spending has been strong as households draw down savings and ramp up credit card balances. The personal saving rate declined to 3.8% in the third quarter, compared to 5.2% in the previous period. Also, real after-tax income fell 1% in the quarter after increasing 3.5% in Q2.
The GDP gains also come despite the Federal Reserve not only raising rates at the fastest clip since the early 1980s but also vowing to keep rates high until inflation comes back to acceptable levels. Price increases have been running well ahead of the central bank's 2% annual target, though the rate of inflation at least has ebbed in recent months.
The chain-weighted price index, which takes into accounts changes in consumer shopping patterns to gauge inflation, rose 3.5% for the quarter, up from 1.7% in Q2 and higher than the Dow Jones estimate for 2.5%.
"The bottom line for the Federal Reserve is that no recession is in sight, and policymakers can be content in the knowledge that they can keep interest rates higher for longer, without triggering a meltdown in the U.S. economy," said Matthew Ryan, head of market strategy at Ebury, a global financial services firm. "We don't think that this impressive GDP data will be enough to encourage the Fed to deliver another rate increase, though we do at least believe that the first cut is a long way off."
Along with rates and inflation, consumers have been dealing with a variety of other issues.
The resumption of student loan payments is expected to take a bite out of household budgets, while elevated gas prices and a wobbly stock market are hitting confidence levels. Geopolitical tensions also pose potential headaches, with fighting between Israel and Hamas and the war in Ukraine posing substantial uncertainties about the future.
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FACT SHEET: President Biden Issues Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence
Today, President Biden is issuing a landmark Executive Order to ensure that America leads the way in seizing the promise and managing the risks of artificial intelligence (AI). The Executive Order establishes new standards for AI safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation and competition, advances American leadership around the world, and more. As part of the Biden-Harris Administration’s comprehensive strategy for responsible innovation, the Executive Order builds on previous actions the President has taken, including work that led to voluntary commitments from 15 leading companies to drive safe, secure, and trustworthy development of AI. The Executive Order directs the following actions: New Standards for AI Safety and Security
As AI’s capabilities grow, so do its implications for Americans’ safety and security. With this Executive Order, the President directs the most sweeping actions ever taken to protect Americans from the potential risks of AI systems :
- Require that developers of the most powerful AI systems share their safety test results and other critical information with the U.S. government. In accordance with the Defense Production Act, the Order will require that companies developing any foundation model that poses a serious risk to national security, national economic security, or national public health and safety must notify the federal government when training the model, and must share the results of all red-team safety tests. These measures will ensure AI systems are safe, secure, and trustworthy before companies make them public.
- Develop standards, tools, and tests to help ensure that AI systems are safe, secure, and trustworthy. The National Institute of Standards and Technology will set the rigorous standards for extensive red-team testing to ensure safety before public release. The Department of Homeland Security will apply those standards to critical infrastructure sectors and establish the AI Safety and Security Board. The Departments of Energy and Homeland Security will also address AI systems’ threats to critical infrastructure, as well as chemical, biological, radiological, nuclear, and cybersecurity risks. Together, these are the most significant actions ever taken by any government to advance the field of AI safety.
- Protect against the risks of using AI to engineer dangerous biological materials by developing strong new standards for biological synthesis screening. Agencies that fund life-science projects will establish these standards as a condition of federal funding, creating powerful incentives to ensure appropriate screening and manage risks potentially made worse by AI.
- Protect Americans from AI-enabled fraud and deception by establishing standards and best practices for detecting AI-generated content and authenticating official content . The Department of Commerce will develop guidance for content authentication and watermarking to clearly label AI-generated content. Federal agencies will use these tools to make it easy for Americans to know that the communications they receive from their government are authentic—and set an example for the private sector and governments around the world.
- Establish an advanced cybersecurity program to develop AI tools to find and fix vulnerabilities in critical software, building on the Biden-Harris Administration’s ongoing AI Cyber Challenge. Together, these efforts will harness AI’s potentially game-changing cyber capabilities to make software and networks more secure.
- Order the development of a National Security Memorandum that directs further actions on AI and security, to be developed by the National Security Council and White House Chief of Staff. This document will ensure that the United States military and intelligence community use AI safely, ethically, and effectively in their missions, and will direct actions to counter adversaries’ military use of AI.
Protecting Americans’ Privacy
Without safeguards, AI can put Americans’ privacy further at risk. AI not only makes it easier to extract, identify, and exploit personal data, but it also heightens incentives to do so because companies use data to train AI systems. To better protect Americans’ privacy, including from the risks posed by AI, the President calls on Congress to pass bipartisan data privacy legislation to protect all Americans, especially kids, and directs the following actions:
- Protect Americans’ privacy by prioritizing federal support for accelerating the development and use of privacy-preserving techniques— including ones that use cutting-edge AI and that let AI systems be trained while preserving the privacy of the training data.
- Strengthen privacy-preserving research and technologies, such as cryptographic tools that preserve individuals’ privacy, by funding a Research Coordination Network to advance rapid breakthroughs and development. The National Science Foundation will also work with this network to promote the adoption of leading-edge privacy-preserving technologies by federal agencies.
- Evaluate how agencies collect and use commercially available information —including information they procure from data brokers—and strengthen privacy guidance for federal agencies to account for AI risks. This work will focus in particular on commercially available information containing personally identifiable data.
- Develop guidelines for federal agencies to evaluate the effectiveness of privacy-preserving techniques, including those used in AI systems. These guidelines will advance agency efforts to protect Americans’ data.
Advancing Equity and Civil Rights
Irresponsible uses of AI can lead to and deepen discrimination, bias, and other abuses in justice, healthcare, and housing. The Biden-Harris Administration has already taken action by publishing the Blueprint for an AI Bill of Rights and issuing an Executive Order directing agencies to combat algorithmic discrimination , while enforcing existing authorities to protect people’s rights and safety. To ensure that AI advances equity and civil rights, the President directs the following additional actions:
- Provide clear guidance to landlords, Federal benefits programs, and federal contractors to keep AI algorithms from being used to exacerbate discrimination.
- Address algorithmic discrimination through training, technical assistance, and coordination between the Department of Justice and Federal civil rights offices on best practices for investigating and prosecuting civil rights violations related to AI.
- Ensure fairness throughout the criminal justice system by developing best practices on the use of AI in sentencing, parole and probation, pretrial release and detention, risk assessments, surveillance, crime forecasting and predictive policing, and forensic analysis.
Standing Up for Consumers, Patients, and Students
AI can bring real benefits to consumers—for example, by making products better, cheaper, and more widely available. But AI also raises the risk of injuring, misleading, or otherwise harming Americans. To protect consumers while ensuring that AI can make Americans better off, the President directs the following actions:
- Advance the responsible use of AI in healthcare and the development of affordable and life-saving drugs. The Department of Health and Human Services will also establish a safety program to receive reports of—and act to remedy – harms or unsafe healthcare practices involving AI.
- Shape AI’s potential to transform education by creating resources to support educators deploying AI-enabled educational tools, such as personalized tutoring in schools.
AI is changing America’s jobs and workplaces, offering both the promise of improved productivity but also the dangers of increased workplace surveillance, bias, and job displacement. To mitigate these risks, support workers’ ability to bargain collectively, and invest in workforce training and development that is accessible to all, the President directs the following actions:
- Develop principles and best practices to mitigate the harms and maximize the benefits of AI for workers by addressing job displacement; labor standards; workplace equity, health, and safety; and data collection. These principles and best practices will benefit workers by providing guidance to prevent employers from undercompensating workers, evaluating job applications unfairly, or impinging on workers’ ability to organize.
- Produce a report on AI’s potential labor-market impacts , and study and identify options for strengthening federal support for workers facing labor disruptions , including from AI.
Promoting Innovation and Competition
America already leads in AI innovation—more AI startups raised first-time capital in the United States last year than in the next seven countries combined. The Executive Order ensures that we continue to lead the way in innovation and competition through the following actions:
- Catalyze AI research across the United States through a pilot of the National AI Research Resource—a tool that will provide AI researchers and students access to key AI resources and data—and expanded grants for AI research in vital areas like healthcare and climate change.
- Promote a fair, open, and competitive AI ecosystem by providing small developers and entrepreneurs access to technical assistance and resources, helping small businesses commercialize AI breakthroughs, and encouraging the Federal Trade Commission to exercise its authorities.
- Use existing authorities to expand the ability of highly skilled immigrants and nonimmigrants with expertise in critical areas to study, stay, and work in the United States by modernizing and streamlining visa criteria, interviews, and reviews.
Advancing American Leadership Abroad
AI’s challenges and opportunities are global. The Biden-Harris Administration will continue working with other nations to support safe, secure, and trustworthy deployment and use of AI worldwide. To that end, the President directs the following actions:
- Expand bilateral, multilateral, and multistakeholder engagements to collaborate on AI . The State Department, in collaboration, with the Commerce Department will lead an effort to establish robust international frameworks for harnessing AI’s benefits and managing its risks and ensuring safety. In addition, this week, Vice President Harris will speak at the UK Summit on AI Safety, hosted by Prime Minister Rishi Sunak.
- Accelerate development and implementation of vital AI standards with international partners and in standards organizations, ensuring that the technology is safe, secure, trustworthy, and interoperable.
- Promote the safe, responsible, and rights-affirming development and deployment of AI abroad to solve global challenges, such as advancing sustainable development and mitigating dangers to critical infrastructure.
Ensuring Responsible and Effective Government Use of AI
AI can help government deliver better results for the American people. It can expand agencies’ capacity to regulate, govern, and disburse benefits, and it can cut costs and enhance the security of government systems. However, use of AI can pose risks, such as discrimination and unsafe decisions. To ensure the responsible government deployment of AI and modernize federal AI infrastructure, the President directs the following actions:
- Issue guidance for agencies’ use of AI, including clear standards to protect rights and safety, improve AI procurement, and strengthen AI deployment.
- Help agencies acquire specified AI products and services faster, more cheaply, and more effectively through more rapid and efficient contracting.
- Accelerate the rapid hiring of AI professionals as part of a government-wide AI talent surge led by the Office of Personnel Management, U.S. Digital Service, U.S. Digital Corps, and Presidential Innovation Fellowship. Agencies will provide AI training for employees at all levels in relevant fields.
As we advance this agenda at home, the Administration will work with allies and partners abroad on a strong international framework to govern the development and use of AI. The Administration has already consulted widely on AI governance frameworks over the past several months—engaging with Australia, Brazil, Canada, Chile, the European Union, France, Germany, India, Israel, Italy, Japan, Kenya, Mexico, the Netherlands, New Zealand, Nigeria, the Philippines, Singapore, South Korea, the UAE, and the UK. The actions taken today support and complement Japan’s leadership of the G-7 Hiroshima Process, the UK Summit on AI Safety, India’s leadership as Chair of the Global Partnership on AI, and ongoing discussions at the United Nations. The actions that President Biden directed today are vital steps forward in the U.S.’s approach on safe, secure, and trustworthy AI. More action will be required, and the Administration will continue to work with Congress to pursue bipartisan legislation to help America lead the way in responsible innovation. For more on the Biden-Harris Administration’s work to advance AI, and for opportunities to join the Federal AI workforce, visit AI.gov .
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- How to cite a government website or report in APA Style
Citing Government Documents in APA | Format & Examples
Published on February 11, 2021 by Jack Caulfield . Revised on June 16, 2022.
APA Style doesn’t provide a special format for citing government documents. Instead, you should determine what kind of source you’re dealing with—usually a report or a web page—and use the appropriate format.
To cite a government web page that doesn’t list an individual author , use the following format, listing the name of the government organization in the author position . If the name listed in the author position is the same as the website name (as in the example here), only list it once.
Table of contents
Citing government websites with individual authors, citing a government report in apa style, frequently asked questions about apa style citations.
When a government webpage does list an individual author or authors, list them in the author position, and always include the site name.
Prevent plagiarism. Run a free check.
If the document you are trying to cite is a report (usually labeled as such and often found in PDF form online), the format again differs slightly based on whether individual authors are listed.
To cite a report with one or more named authors, use the format below.
If there is no report number, leave that part out. The publisher should be identified clearly; list the specific organization and any department they are a part of if needed to identify them unambiguously.
When a report doesn’t list a specific author, list the organization in the author position .
Any parent agencies necessary to identify the organization clearly can be listed in the publisher position. Otherwise, just omit this part; don’t repeat the same name in the author and publisher positions.
When no individual author name is listed, but the source can clearly be attributed to a specific organization—e.g., a press release by a charity, a report by an agency, or a page from a company’s website—use the organization’s name as the author in the reference entry and APA in-text citations .
When no author at all can be determined—e.g. a collaboratively edited wiki or an online article published anonymously—use the title in place of the author. In the in-text citation, put the title in quotation marks if it appears in plain text in the reference list, and in italics if it appears in italics in the reference list. Shorten it if necessary.
When you quote or paraphrase a specific passage from a source, you need to indicate the location of the passage in your APA in-text citation . If there are no page numbers (e.g. when citing a website ) but the text is long, you can instead use section headings, paragraph numbers, or a combination of the two:
(Caulfield, 2019, Linking section, para. 1).
Section headings can be shortened if necessary. Kindle location numbers should not be used in ebook citations , as they are unreliable.
If you are referring to the source as a whole, it’s not necessary to include a page number or other marker.
Cite this Scribbr article
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Caulfield, J. (2022, June 16). Citing Government Documents in APA | Format & Examples. Scribbr. Retrieved November 3, 2023, from https://www.scribbr.com/apa-examples/goverment-document/
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APA Citation Style, 7th edition: Government Publication
- General Style Guidelines
- One Author or Editor
- Two Authors or Editors
- Three to Five Authors or Editors
- Article or Chapter in an Edited Book
- Article in a Reference Book
- Edition other than the First
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About Citing Books
For each type of source in this guide, both the general form and an example will be provided.
The following format will be used:
In-Text Citation (Paraphrase) - entry that appears in the body of your paper when you express the ideas of a researcher or author using your own words. For more tips on paraphrasing check out The OWL at Purdue .
In-Text Citation (Quotation) - entry that appears in the body of your paper after a direct quote.
References - entry that appears at the end of your paper.
Information on citing and several of the examples were drawn from the Publication Manual of the American Psychological Association (7th ed.).
APA Citation Style does not have a separate category for government publications. According to APA, government documents can be considered Books, Technical/Research Reports or Brochures.
- Treat a government document as a book, report, or brochure.
- If a person is named on the title page, use her or him as author.
- If no person is named, use the government agency, department, or branch as a group author.
- Give the name of the group author exactly as it appears on the title page. If the branch or agency is not well known, include its higher department first.
- If the group author is also the publisher, just use the word Author after the location.
- If there is a series or report number, include it after the title.
- The manual refers to the GPO (U.S. Gov. Printing Office). Canadian equivalents may be: Queen’s Printer, Ministry of Supply and Services, Canadian Government Publishing, etc.
In-Text Citation (Paraphrase):
(Author Surname OR Name of Government Organization, Year)
In-Text Citation (Quotation):
(Author Surname OR Name of Government Organization, Year, page number)
Author Surname, First Initial. Second Initial. OR Government Name. Name of Government Agency. (Year). Title: Subtitle (Report No. xxx [if available]). Publisher.
(Gilmore et al., 1999)
(Gilmore et al., 1999, p. 5)
Gilmore, J., Woollam, P., Campbell, T., McLean, B., Roch, J., & Stephens, T. (1999). Statistical report on the health of Canadians: Prepared by the Federal, Provincial and Territorial Advisory Committee on Population Health . Health Canada, Statistics Canada, Canadian Institute for Health Information.
(Edwards, et al., 1997)
(Edwards, et al., 1997, p. 2)
Edwards, N., Sims-Jones, N., Hotz, S., & Cushman, R. (1997). Development and testing components of a multifaceted intervention program to reduce the incidence of smoking relapse during pregnancy and post-partum of both women and their partners . Report prepared for Health Canada at the Community Health Research Unit, University of Ottawa, Canada.
(Ontario Ministry of Health, 1994)
(Ontario Ministry of Health, 1994, p. 7)
Ontario Ministry of Health. (1994). Selected findings from the mental health supplement of the Ontario Health Survey . Queen's Printer for Ontario.
(U. S. Food and Drug Administration, 2004)
(U. S. Food and Drug Administration, 2004, p. 8)
U. S. Food and Drug Administration/Center for Drug Evaluation and Research. (2004). Worsening depression and suicidality in patients being treated with antidepressant medications: FDA public health advisory . Author.
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Rep. Marjorie Taylor Greene files censure resolution accusing Rep. Rashida Tlaib of inciting an insurrection
WASHINGTON — Rep. Marjorie Taylor Greene, R-Ga., has filed a resolution that would censure Rep. Rashida Tlaib, D-Mich. , over her criticism of Israel, accusing her of recently inciting an insurrection in a House office building.
The measure would censure Tlaib for “antisemitic activity, sympathizing with terrorist organizations and leading an insurrection at the United States Capitol Complex," Greene said Thursday morning in remarks on the House floor.
Greene has described a rally on Oct. 18 at the Capitol calling for a cease-fire in the Israel-Hamas war as an insurrection. During the event, hundreds of demonstrators entered the Cannon House office building, causing U.S. Capitol Police to temporarily close access to the building. Capitol Police estimated that they arrested 300 protest e rs , including three people who were charged with assault on a police officer.
A Capitol Police spokesperson said that to the best of their knowledge, everyone went through security and entered the building the proper way. House and Senate office buildings are open to the public, but people must be screened by magnetometers.
The protest was loud and disruptive, but it wasn't comparable to the insurrection at the Capitol on Jan. 6, 2021, when rioters stormed the building; more than 1,100 people were ultimately charged. Greene has defended them and former President Donald Trump as he has faced accusations he incited the attack.
The demonstration last week was organized by far-left Jewish activist groups, including Jewish Voice for Peace and IfNotNow , who are advocating for a cease-fire in the Israel-Hamas conflict.
The Anti-Defamation League says that Jewish Voice for Peace is "a radical anti-Israel activist group that advocates for a complete economic, cultural and academic boycott of the state of Israel" and that IfNo t Now 's "criticism of the Israeli government has been extreme, including calling it a 'violent, bloodthirsty regime,' and alleging that it is perpetrating genocide in Gaza."
Greene's resolution cites a number of statements Tlaib has tweeted or retweeted supporting Palestinians and criticizing the Israeli government.
Because it’s a privileged resolution, the House will have to vote on it within two legislative days. The House is set to return to Washington next Wednesday, so a vote wouldn’t happen until next week at the earliest.
Tlaib , the only Palestinian American in Congress, didn't attend the protest indoors, a source familiar with the matter said, but she delivered remarks at a rally with the demonstrators outside the Capitol.
"I wish all the Palestinian people would see this. I wish they can see that not all of America want them to die, that they are not disposable," she said. "They didn’t ask to be born in occupation. ... The dehumanization has chipped at my soul."
She added: "The warmongers are out, y’all. They are ready. They want to kill and not stop. It’s pure insanity."
In a statement Thursday, Tlaib called Greene's resolution "deeply Islamophobic" and said it "attacks peaceful Jewish anti-war advocates."
"I am proud to stand in solidarity with Jewish peace advocates calling for a ceasefire and an end to the violence. I will not be bullied, I will not be dehumanized, and I will not be silenced," she said. "I will continue to call for ceasefire, for the immediate delivery of humanitarian aid, for the release of hostages and those arbitrarily detained, and for every American to be brought home."
"I will continue to work for a just and lasting peace that upholds the human rights and dignity of all people, and ensures that no person, no child has to suffer or live in fear of violence," she added.
A number of lawmakers have criticized Tlaib and other members of the "squad" for their response to Hamas' Oct. 7 terrorist attack in Israel. Members of Congress have also lambasted Tlaib and Rep. Ilhan Omar, D-Minn., for alleging that Israel was responsible for an explosion at a hospital in Gaza last week that killed civilians. Israeli and U.S. officials have said intelligence indicates the blast was most likely caused by a misfired rocket from Palestinian Islamic Jihad that broke apart after the engine failed.
In a threaded tweet Wednesday, Tlaib said, "Media outlets and third-party analysts have raised doubts about claims and evidence offered by both Israel and the Gaza Ministry of Health, and I agree with the United Nations that an independent investigation is necessary."
Tlaib was among nine House Democrats who voted against a resolution Wednesday condemning Hamas' attack, which left 1,400 people dead and more than 200 held hostage in Gaza.
Greene has propagated antisemitic conspiracy theories in the past and made highly questionable statements about the Holocaust.
For example, she has suggested that California wildfires were ignited by "Jewish space lasers" and compared Covid-19 -related rules to the Holocaust . She compared mask mandates to the yellow Stars of David that Jews were forced to wear during the Holocaust; she apologized for the remarks after she visited the U.S. Holocaust Memorial Museum in Washington, D.C., following backlash from her colleagues.
Rebecca Shabad is a politics reporter for NBC News based in Washington.
Rebecca is a producer and off-air reporter covering Congress for NBC News, managing coverage of the House.
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2022 Country Reports on Human Rights Practices: Guinea
Download report, translations.
- EXECUTIVE SUMMARY
Guinea was a constitutional democratic republic until a September 2021 military coup d’état led by army special forces commander Colonel Mamadi Doumbouya. The country last held presidential elections in October 2020, electing President Alpha Conde to a controversial third term. Following the takeover, the military government established the National Council for Reunification and Development as the ruling body. In the same month, the National Council for Reunification and Development released the Transition Charter to steer the country back to civilian rule and in October 2021, Colonel Doumbouya was sworn in as interim president. The military government dissolved the parliament in September 2021 and on January 22 replaced it with an unelected 81-member National Transition Council. On October 21, the government and the regional organization for West Africa, the Economic Community of West African States, agreed to a 24-month transition timeline to include local, legislative, and presidential elections, following stakeholder consultations. On December 7, leaders from the Economic Community of West African States announced an agreement with the government that the 24-month period began as of December 4.
The Ministry of Defense oversees the gendarmerie, and the Ministry of Security oversees the National Police. The National Council for Reunification and Development oversees the entire government, and civilian appointees lead most government ministries. Retired military generals lead the ministries of defense and security. The gendarmerie and National Police share responsibility for internal security. The army also has some domestic security responsibilities when formally activated. Authorities generally did not maintain effective control over the security forces, leading up to the coup d’état. There were reports that members of the security forces committed some abuses.
Significant human rights issues included credible reports of: unlawful or arbitrary killings; torture or cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; political prisoners or detainees; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; punishment of family members for alleged offenses by a relative; serious restrictions on free expression and media, including violence or threats of violence against journalists, censorship, and threats to enforce criminal libel laws; substantial interference with the freedom of peaceful assembly; restrictions on freedom of movement and residence within the territory of a state and on the right to leave the country; inability of citizens to change their government peacefully through free and fair elections; serious and unreasonable restrictions on political participation; serious government corruption; lack of investigation of and accountability for gender-based violence including female genital mutilation/cutting; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer, or intersex persons; laws criminalizing consensual same-sex sexual conduct between adults that were not enforced during the year; and the existence of the worst forms of child labor.
Impunity for government officials remained a problem. With occasional exceptions, the government did not sufficiently investigate, prosecute, or punish government officials who committed abuses, either in the security forces or in other parts of government. The government started the trial for the alleged perpetrators of the 2009 stadium massacre on September 28, the 13th anniversary of the massacre. The National Council for Reunification and Development removed one of the alleged perpetrators from his senior government position in March and banned him from foreign travel in September.
Respect for the Integrity of the Person
- a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were numerous reports that the government or its agents committed arbitrary or unlawful killings. Civilian and military security services, civil and military courts, and inspectors general within the Ministry of Security and Civilian Protection are tasked with investigating security force killings.
Police shot and killed Abdoulaye Diallo, age 28, during a police patrol in the Conakry neighborhood of Kipe on September 17. The minister of justice and human rights ordered the attorney general to initiate legal proceedings against the Deputy Head of Operations, Alpha Kabinet Kaba, of the Central Anti-Drug Office for alleged acts of intentional homicide by firearm and against 10 other police officers for complicity (see also section 2.d., Freedom of Movement and the Right to Leave the Country, In-country Movement).
The Attorney General’s Office charged four officers who belong to the Anti-Crime Brigade Number 1 (BAC Number D01) and the principal commissioner of the central police station of Kaporo-Rails following a judicial investigation opened after the killing of a student, age 19, during a June protest against the increase in fuel prices. In a statement, the attorney general explained the government charged police Chief Warrant Officer Moriba Camara with murder and placed him in detention at the Conakry Central Prison; his codefendants were charged with criminal abstention and placed under judicial supervision. As of December, the trial had not started.
The National Front for the Defense of the Constitution (FNDC), a coalition of political parties, civil society, and unions, called for protests on July 28 in the capital. Following three days of skirmishes between protesters and security forces in some neighborhoods in Conakry, the FNDC reported security force agents killed five persons and injured several persons. The Ministry of Security and Civil Protection reported 12 police officers were injured and 85 demonstrators were arrested on July 28. Security forces allegedly shot and killed Ibrahima Balde, age 19, and Oumar Barry, age 17, on August 17 during another FNDC-organized protest.
Impunity persisted for some state actors who perpetrated abuses in past years, including the 2009 Conakry stadium massacre by security forces, where they killed at least 150 opposition demonstrators and raped more than 100 women and girls. Two of the alleged ringleaders of the massacre, Colonel Claude Pivi and Colonel Moussa Tiegboro Camara, served in high-level government posts during the Conde administration. The National Council for Reunification and Development (CNRD) dismissed Tiegboro from his senior government position in March. The steering committee established in 2018 to organize a trial for the perpetrators of the 2009 stadium massacre resumed its work during the year. The body reconvened in July. An International Criminal Court delegation met with the senior CNRD officials in early September to assess preparations for the trial; they also met with magistrates and toured the site of the nearly completed court constructed specifically for the trial. On September 16, Minister of Justice Alphonse Charles Wright announced the trial would start on the 13th anniversary of the event, September 28. The trial opened with charges of murder, attempted murder, rape, and torture against 11 defendants, including Camara.
- b. Disappearance
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses
Although the constitution and law prohibit torture and other cruel, inhuman, or degrading punishment, human rights observers reported that government officials continued to employ such practices.
Abuse of inmates in government detention centers continued. Security officials designated as “judicial police officers” abused detainees to coerce confessions. Human rights activists noted the most egregious abuses occurred during arrests or at detention centers. Human rights associations stated that complainants often presented evidence of abuse and wardens did not investigate these complaints. These nongovernmental organizations (NGOs) also alleged that guards abused detainees, including children, and coerced some women into exchanging sex for better treatment.
Impunity was a significant problem in the security forces, particularly in the gendarmes, police, and military forces. Factors contributing to impunity included corruption, lack of training and capacity, politicization of forces, and a lack of transparency in investigations. Offices tasked with investigating abuses included civil and military courts and government inspectors general within the Ministry of Security and Civilian Protection.
- Prison and Detention Center Conditions
Conditions in civilian prisons, which are under the supervision of the Ministry of Justice, remained harsh and life threatening, with poor sanitation, malnutrition, disease, and lack of medical attention pervasive throughout the prison system. Conditions were allegedly worse in gendarme and police detention facilities designed for short-term detentions.
Abusive Physical Conditions: Overcrowding remained a problem. According to an activist for prisoners’ rights, as of September, the Conakry Central Prison in Conakry held 1,802 prisoners in a facility designed for 300 (600 percent of total capacity); Nzerekore held 460 prisoners in a facility designed for 80 (575 percent of total capacity); and Kankan held 306 in a facility designed for 80 (382 percent of total capacity). Government-funded rehabilitation programs were underfunded and ineffective, leading some NGOs to try to fill the void.
Authorities did not always hold juveniles in separate sections at prisons and detention facilities, where they slept on iron bunk beds with no mattresses, or on the floor because it was too hot on the upper bunks below the building’s metal roof. Prison officials did not separate pretrial detainees from convicted prisoners.
There were reports the government had trouble tracking the location of pretrial detainees in the justice system. According to lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals, this abuse also targeted incarcerated gender and sexual minorities, with transgender inmates detained in crowded cells with members of the opposite gender and subjected to violence and rape by fellow inmates and guards. This was particularly severe for transgender women held in male-only facilities.
Lounceny Camara, a former minister in Alpha Conde’s government, imprisoned at Conakry Central Prison from April 28 on charges of financial crimes related to corruption, died on August 20. According to the Ministry of Justice, he died following a cardiorespiratory arrest at the Ignace Deen hospital where he was admitted on May 2. Camara’s wife said that his lawyers submitted three requests for his release and medical evacuation while he was hospitalized but the government denied those requests.
Although the Ministry of Justice administered civilian prisons, prisoners allegedly controlled cell assignments and provided better conditions at some detention centers to prisoners who were able to pay. Rumors persisted that guards ignored court orders to free prisoners until bribes were paid.
A lack of health care personnel, medicine, and medical supplies in prisons, combined with malnutrition and dehydration, sometimes made infection or illness life threatening; cases of beriberi were recorded. A local NGO reported that the government assigned a single doctor, based at the Conakry Central Prison, to cover all eight of the central prisons. Reports of overcrowding in medical wards at detention centers were common, including at the Conakry Central Prison. Prisoners relied on family members, charities, or NGOs to bring medication, but visitors often had to pay bribes to provide the medicine to prisoners.
From May to June, the former Minister of Justice Alain Moriba Kone visited the country’s detention centers. He noted cases of malnutrition, including 28 cases in Labe (Middle Guinea), a lack of hygiene, and long periods of pretrial detention. He ordered the release of several detainees for minor offenses or improper detention. Following these multiple releases, the Association of Guinean Magistrates denounced the minister of justice for the release of the detainees, some of whom were indicted, and others sentenced, contrary to the country’s standard legal procedures.
Mismanagement and neglect were prevalent. Toilets reportedly did not function, and prisoners often slept and ate in the same space used for sanitation purposes. Access to drinking and bathing water was inadequate. Many prisons were former warehouses with little ventilation and little access to electricity for air conditioning or other cooling techniques.
NGOs reported endemic malnutrition throughout the prison system. Authorities provided food at the Conakry Central Prison, but most prison directors relied on charities and NGOs to provide food for inmates. The Conakry Central Prison claimed it provided two meals a day; however, NGOs reported prisoners in Conakry and elsewhere received only one meal per day and that many relied on food from their families or other outside sources. Reports say guards often demanded bribes for delivering food to prisoners, which they then frequently confiscated.
The UN Office of the High Commissioner for Human Rights and NGOs noted that conditions at gendarmerie detention centers, intended to hold detainees for not more than two days while they awaited court processing, were much worse than in prisons. Such “temporary” detention could last from a few days to more than two years, and facilities had no established systems to provide meals or medical treatment. As in the case of prisons, gendarmerie facilities were dank and unsanitary.
Administration: Prison and justice sector authorities provided insufficient oversight of facilities and investigations into reported deficiencies. Prisoners and detainees have the right to submit complaints but seldom did due to possible reprisals from prison guards. Prisoners must use a lawyer to file a complaint, but lawyers were scarce and expensive. Prison authorities received little to no formal penal training and prison guards received only rudimentary basic military training designed for gendarmes. Prisoners complained that they were regularly denied access to visitors, including family members. Visitors were often required to pay bribes to access prisoners.
Independent Monitoring: Local NGOs such as Equal Rights for All and the Association for the Support of Refugees, Displaced Persons, and Detainees received regular and unimpeded access to the Conakry Central Prison; authorities rarely granted access to other facilities to monitor conditions.
Conditions in military prisons, managed by the Ministry of Defense, could not be monitored since the government denied access to prison advocacy groups and international organizations. Although military authorities claimed they did not hold civilians at military prisons, previously reported cases contradicted this assertion. Prior to the September coup d’état, reports indicated a prison existed at a military camp on Kassa Island, and that political prisoners were at times held at a military camp near Kankan.
d. Arbitrary Arrest or Detention
The Transition Charter, previous constitution, and law prohibit arbitrary arrest and detention, but the government did not always observe these prohibitions.
The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but few detainees chose this option due to legal costs, slow judicial proceedings, and fear of retribution.
- Arrest Procedures and Treatment of Detainees
Although the law requires arrest warrants, police did not always follow this protocol. The law also provides that detainees be charged within 48 hours, renewable once if authorized by a judge. In cases involving national security, the law allows the original length of detention to be increased to 96 hours, renewable once. Many detainees were held for much longer periods before being charged.
The law precludes the arrest of persons in their homes between 9 p.m. and 6 a.m., but arrests between those times occurred. After being charged, the accused may be held until the conclusion of the case, including a period of appeal. Authorities routinely ignored the legal provision entitling defendants to an attorney and did not provide indigent defendants with an attorney at government expense.
Release on bail is at the discretion of the magistrate under whose jurisdiction the case falls. The law allows detainees prompt access to family members, but access was sometimes denied or restricted until families paid bribes to the guards at detention facilities.
Arbitrary Arrest: Transgender persons were subjected to “compassionate incarceration” to “protect” them from community violence but were segregated in prisons based on sex assigned at birth; this led to high rates of sexual violence against those “protected” individuals.
Former Foreign Minister Ibrahima Khalil Kaba and former president Alpha Conde’s doctor, M’Bemba Kaba, were arrested on March 21 in connection with an audio recording of the former president that was leaked to the press. The two were charged with invasion of privacy, and not permitted access to their lawyer for 72 hours, until finally released on March 24 and placed under judicial supervision. As of December, their trial had not started.
Pretrial Detention: Lengthy pretrial detention was prevalent. The president of a local NGO defending human rights reported that one reason for long pretrial detentions included the lack of sufficient magistrates. He noted in the country there was a ratio of one magistrate per 40,000 inhabitants and the magistrates were concentrated in urban areas. Information was not available regarding the average length of detentions or whether detentions exceeded the maximum possible sentence. The law states that when the prosecutor has issued an arrest warrant against an individual or an individual was questioned by an investigating judge, the individual may remain in detention for a maximum of 24 months under circumstances related to national security.
e. Denial of Fair Public Trial
Although the law provides for an independent judiciary and the Transition Charter also stated the CNRD’s commitment to an independent judiciary, according to Freedom House, the judicial system remained subject to political influence and corruption. Informed observers noted political and social status often influenced decisions. Outdated and restrictive laws, a shortage of qualified lawyers and magistrates, nepotism, and ethnic bias limited the judiciary’s effectiveness. Domestic court orders were often not enforced. For example, some prisoners ordered to be freed by courts remained in detention because they failed to pay “exit fees” to guards.
- Trial Procedures
The Transition Charter, previous constitution, and law provide for the right to a fair and public trial, and an independent judiciary, although burdened by corruption and limited effectiveness, generally strived to enforce this right.
The government did not consistently observe the right to presumption of innocence, the right of the accused to counsel (but only for major crimes), and the right to appeal a judicial decision. Although the government was responsible for funding legal defense costs in serious criminal cases, it rarely disbursed funds for this purpose. The attorney for the defense frequently received no payment. Authorities allowed detainees’ attorneys access to their clients, but often on condition that prison guards or gendarmes be present. The law provides that defendants have the right not to be compelled to testify or confess guilt, but abuse or other harsh treatment and conditions in detention centers undermined this protection.
- Political Prisoners and Detainees
The CNRD summoned individuals without cause. Civil society described the actions as “political intimidation.” At year’s end, the government had charged all known political prisoners and detainees, although pretrial detentions were long. The government permitted access to such persons on a regular basis by the International Committee of the Red Cross and other human rights or humanitarian organizations. Lawyers for detainees reported that authorities made many of the arrests during house-to-house searches at night in neighborhoods considered opposition strongholds. Authorities also reportedly used excessive force in the arrests.
On July 5, FNDC Coordinator Oumar Sylla (a.k.a. Fonike Mengue) and two other leaders of FNDC, Alpha Midjaou Bah and Mamadou Billo Bah, were arrested at their headquarters while holding a press conference. Justice officials had ordered the arrest of the three leaders. They were charged and tried for contempt of court and public insults. The court ruled the charges insufficient and ordered their release after four days in detention. On July 30, authorities again arrested Sylla, along with FNDC’s Deputy Coordinator Ibrahima Diallo and Executive Secretary of the Union of Republic Forces (UFR) Saikou Yaya Barry. The government charged them with “disturbing public order, arson, looting and destruction of public and private buildings” because they had called for protests on July 28 despite the CNRD’s ban on demonstrations. As of December, their trial had not started.
- Civil Judicial Procedures and Remedies
The law provides for a judicial procedure in civil matters, including lawsuits seeking damages for human rights abuses. Individuals filed few lawsuits seeking damages for human rights abuses, in part due to fear of suing security force members and lack of confidence in the competence and impartiality of the judiciary. Some cases were appealed to the Economic Community of West African States (ECOWAS) Court of Justice.
- Property Seizure and Restitution
In February the CNRD launched an operation to recover government-owned properties, seizing several properties deemed state-owned and, in several cases, demolishing the buildings. Cellou Dalein Diallo, president of the Union of Democratic Forces of Guinea and Sidya Toure, president of the UFR, were among those whose residences were seized. The two political leaders both argued that they had documents which confirmed they legally purchased their respective estates and initiated legal action against the seizures. While the seizure case was pending in court, the CNRD demolished the house of Cellou Dalein Diallo on March 26.
- f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The Transition Charter provides that the home is inviolable, and the secrecy of correspondence is guaranteed to all citizens and that these rights may only be infringed in the cases provided for by law. Police reportedly ignored legal procedures in the pursuit of criminal suspects, including when it served authorities’ personal interests. Authorities sometimes removed persons from their homes without legal authorization, stole their personal belongings, and demanded payment for the release of their belongings.
The government reportedly continued to arrest or punish family members for alleged offenses committed by relatives.
- g. Conflict-related Abuses
Physical Abuse, Punishment, and Torture: According to the Conduct in UN Field Missions online portal, there was one allegation submitted in 2020 of sexual exploitation and abuse by the country’s peacekeepers deployed to the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, allegedly involving an exploitative relationship with an adult. As of September 2021, the United Nations was investigating the allegation.
Respect for Civil Liberties
A. freedom of expression, including for the members of the press and other media.
The Transition Charter provides for freedom of expression, including for members of the press and other media, and stipulates those laws pertaining to freedom of expression, which were in place prior to the September 5 coup d’état, would remain in force. The government did not always respect these rights. Colonel Mamadi Doumbouya initially dissolved the High Authority of Communication (HAC) along with the constitution, the government, and other institutions immediately after the coup, but in September 2021 the CNRD authorized the HAC to continue its regulatory activities. In May the HAC, with support of the UN Development Program and the NGO Search for Common Ground, presented a Code of Good Conduct for media houses and journalists.
Violence and Harassment: There were reports of arbitrary arrests, harassment, and intimidation of journalists by CNRD transition authorities. Media professionals were victims of attacks and violence perpetrated by security forces and demonstrators during political protests. The CNRD reportedly engaged in reprisals against a media outlet that was affiliated with former president Conde. In addition, according to the NGO Reporters Without Borders, army intelligence summoned two journalists without referring them to the media regulatory body or the ordinary courts. On August 5, Mohamed Bangoura, publishing director at the news website Mosaique Guinée , was summoned to a military camp for having published an article reporting the involvement of the army in the disappearance of a truck containing the drug Tramadol at a military camp. After media associations and unions denounced the military’s treatment of the journalist, the HAC examined the case, ruling the journalist had not properly vetted his information and would need to publish a retraction.
According to Reporters Without Borders, seven journalists have been disturbed, attacked, or assaulted by elements of police and demonstrators since July 28. On August 4, journalist Mamadou Hady Diallo from the radio station Djoma Kakande was attacked by law enforcement agents while covering a mining company workers’ protest in the northwest of the country. On August 17, a journalist from the news site Guineematin.com , who was covering a protest in Conakry, was interrogated twice by soldiers who also confiscated his phone. Journalists were also frequently victims of threats and intimidation. The government allegedly put pressure on the HAC to increase scrutiny of media and journalists. On several occasions, the HAC issued press releases to alert media of possible sanctions in the event of a violation of the law related to the dissemination of false information undermining social cohesion, peace, and justice or of a defamatory nature toward public or private figures. On August 19, the HAC suspended journalist Ibrahima Sory Lincoln Soumah for violating journalistic ethics, professional conduct, and the Code of Good Conduct. He had quoted surnames of victims of political protests during a radio broadcast.
Censorship or Content Restrictions for Members of the Press and Other Media, Including Online Media: Some journalists accused government officials of attempting to influence the tone of their reporting.
According to the NGO Committee to Protect Journalists (CPJ), the HAC on September 23 ordered a one-month suspension of three journalists, Mamadou Mathe Bah, Minkailou Barry, and Kalil Camara, who hosted the Africa 2015 show on privately owned Nostalgie Guinee radio, as well as a month-long suspension of the program. The show on September 22 featured a telephone call from Sekou Koundouno, a representative of the opposition coalition National Front for the Defense of the Constitution. Koundouno told CPJ that he had called for citizens to “mobilize for a return to constitutional order.” The HAC charged the journalists with incitement of public revolt and public insults.
There were also reports CNRD authorities restricted journalists from covering certain transition government meetings and froze the assets of Djoma Media, a media outlet linked to former president Conde. After three months, the account of Djoma Media was finally unfrozen in December 2021.
State-owned Radio Television Guinea remained the only platform for official CNRD announcements to the public.
Libel/Slander Laws: Libel against the head of state, slander, and false reporting are criminal offenses subject to up to five years’ imprisonment and heavy fines. Journalists alleged the defamation lawsuits or threats to file lawsuits targeted persons critical of the government to silence dissent.
During a 2018 episode of their radio show Africa 2025 , a former teacher from the undergraduate school Saint Joseph de Cliny called in to denounce the working conditions at the school. In response the director of the school filed a complaint against the journalists who hosted the broadcast. The journalists’ lawyer announced they would appeal the decision condemning them to two months suspended prison sentence and the payment of a fine of 500,000 Guinean Francs ($57) each. According to the journalists involved, during the year the prosecutor invalidated the case due to a technical error.
- Internet Freedom
The government did not censor online content, and there were no credible reports it monitored private online communications without appropriate legal authority. The CNRD, however, monitored social media platforms and exploited the law to punish journalists and civil society activists for posting or sharing information critical of the government. Under the instruction of the attorney general, the singer and FNDC activist Alpha Midiaou Bah, known as “Djanii Alpha,” was banned from leaving the country and arrested on July 5 for posting insulting remarks on his Facebook page against the members of the National Transition Council (CNT). He was tried and released after a judge ruled the offense unconstitutional, but the prosecutor promised to appeal the judge’s decision.
b. Freedoms of Peaceful Assembly and Association
The Transition Charter and the law provide for freedom of peaceful assembly and association. The government restricted the freedoms of peaceful assembly and association.
- Freedom of Peaceful Assembly
The Transition Charter and the previous constitution provide for freedom of peaceful assembly and association. The law bans any meeting that has an ethnic or racial character or any gathering “whose nature threatens national unity.” The law permits prohibition of demonstrations or meetings if local authorities believe the event poses a threat to public order. Authorities may hold event organizers criminally liable if violence or destruction of property occurs. The law punishes anyone who hinders the right to demonstrate with a sentence of one to six months’ imprisonment and a substantial fine. CNRD transition authorities routinely barred public protests and assemblies.
The CNRD in May announced a ban on political protests. The May 13 statement prohibited all public demonstrations in public spaces for the duration of the transitional period. The junta stated that “to carry out the timeline of the transition period initiated on September 5, 2021, all political and social actors should limit to their headquarters any form of demonstration or gathering of a political nature.” The CNRD warned that “any breach of these guidelines will result in legal consequences.”
- Freedom of Association
The Transition Charter and previous constitution provide for freedom of association, and authorities both before and after September 2021 generally respected this provision. Requirements to obtain official recognition for public, social, cultural, religious, or political associations were not cumbersome, although bureaucratic delays sometimes impeded registration. (See section 3, Political Parties and Political Participation, for further information concerning political party registrations and the dissolution of the opposition FNDC coalition.) Groups explicitly representing the rights and well-being of the LGBTQI+ community reported that they were unable to obtain legal recognition, even though there is no explicit law preventing their recognition.
- c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport .
- d. Freedom of Movement and the Right to Leave the Country
The Transition Charter permits freedom of internal movement, foreign travel, emigration, and repatriation, but the government sometimes restricted these rights.
In-country Movement : The government requires all citizens older than 18 to carry national identification cards, which they must present on request at security checkpoints.
Police and gendarmes regularly established random checkpoints where they routinely asked drivers to pay “tolls” or other illegal fees. Police and gendarmes occasionally robbed and beat travelers at these checkpoints and sometimes threatened them with death. On June 8, gendarmes reportedly pursued and beat Ousmane Berete leading to his death after he refused to pay a bribe at a gendarmerie checkpoint in the locality of Temenedougou, Dinguraye prefecture. The situation led to violence in Dinguiraye town, where youths, who were reportedly upset over Berete’s death, attacked and vandalized the city’s gendarmerie and police station. Four gendarmes were arrested and taken to a military camp in Dinguiraye for investigation. According to statements by local observers, civil society and the population of Dinguiraye had long denounced the irregularity of this roadblock where citizens were often the victims of racketeering.
Foreign Travel : The CNRD requested former senior government officials surrender their personal and official travel documents. The Court to Repress Economic and Financial Offenses (CRIEF), created during the year specifically for corruption cases, issued a decision in April prohibiting 37 former ministers and heads of companies and public administration accused of corruption, money laundering, embezzlement of public funds, and illicit enrichment from leaving the country.
Colonel Moussa Thiegboro Camara, former secretary general to the presidency in charge of the fight against drugs and organized crime, was banned from traveling in early September due to allegations he was involved in the September 2009 stadium massacre. The trial began September 28.
- e. Protection of Refugees
The government cooperated with the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern.
Access to Asylum : The Transition Charter and laws provide for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The law on the right of asylum and the protection of refugees has provisions to protect individuals from deportation.
Durable Solutions: Repatriation procedures existed and allowed refugees to choose voluntary repatriation. Voluntary repatriations, previously suspended due to COVID-19, resumed. Ivoirian refugees composed the majority of voluntary repatriations during the year. According to the president of the national commission for the integration and monitoring of refugees, in June more than a hundred refugees had returned to Côte d’Ivoire from where they fled during the crisis of the 2000s, making a total of 2,495 Ivoirians repatriated during the year. This repatriation operation followed the government’s cessation of refugee status for Ivoirians, effective June 30.
- f. Status and Treatment of Internally Displaced Persons
- g. Stateless Persons
There were a few hundred effectively stateless persons, most of whom came from Sierra Leone. These persons did not meet any of the criteria for citizenship. According to UNHCR, these persons requested neither repatriation nor local integration. The government could not provide information on stateless persons due to a lack of identification activities.
Freedom to Participate in the Political Process
Prior to the September 2021 coup d’état, the constitution and law provided citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but both the Conde government and CNRD transition authorities abridged this right. The Transition Charter calls for free and fair local and national elections. The CNT formed in February was assigned to draft a new constitution.
On April 30, the president of the transition announced a transition timeline of 39 months. According to the president, the duration was an average timeframe determined through stakeholder consultations. The CNT then adopted a duration of 36 months on May 11 without determining the beginning of the timeline. Several political leaders and civil society actors criticized that the duration was not set in consultation with all the stakeholders as provided by the charter. In September ECOWAS announced the imposition of sanctions on Guinea in response to the dearth of progress made toward an acceptable transition timetable. On October 21, the transitional government and ECOWAS signed an agreement for a 24-month transition, and ECOWAS leaders announced they had reached an agreement with the government that the transition period began with the ECOWAS Summit on December 4.
- Elections and Political Participation
Recent Elections : Following the October 2020 presidential election and an unsuccessful legal challenge from opposition presidential candidate Cellou Dalein Diallo, in November 2020 the Constitutional Court certified that President Conde won re-election with 59.5 percent of the vote. Diallo claimed victory and called on his supporters to protest the election results. Government security forces violently dispersed protesters and surrounded Diallo’s home.
Although election day proceeded relatively smoothly, international and domestic observers raised concerns regarding unresolved voter roll problems, widespread pre- and post-election violence, restrictions on freedom of assembly, the lack of transparency in vote tabulation, insecure ballot transportation, and inconsistencies between the announced results and tally sheet results from polling stations.
The number of persons injured and killed during the pre- and post-election violence was widely disputed between the government and opposition groups. The FNDC claimed 90 deaths related to political unrest between 2019 and 2020; the government countered with figures that no more than 50 persons were killed during unrest, although the government denied the deaths were all caused by security forces. Opposition parties published a list of 46 killed and estimated at least 200 persons were injured during the 2020 election. Amnesty International reported 400 arbitrary arrests targeting opponents and members of civil society after the presidential election.
Political Parties and Political Participation : There were no official restrictions on political party formation beyond registration requirements. Parties may not represent a single region or ethnicity. The CNRD followed through with court decisions on party accreditation taken under Conde’s regime and approved two new political parties: Bloc for Change in Guinea in December 2021, and the Liberal Democratic Movement on January 5, adding to the more than 180 other parties that already existed.
The CNRD authorities dissolved the FNDC, a prominent coalition of Guinean civil society groups and opposition parties on August 8. In an order dated August 6, the minister of territorial administration justified his decision on the grounds that the collective protesting against the CNRD’s actions “undermine national unity, public peace, and living together.” Moreover, he noted, the FNDC did not appear on the list of NGOs approved in the country.
Participation of Women and M embers of Minority Groups : No laws limit participation of women or members of minority groups in the political process, and they did participate. Observers noted, however, there were cultural constraints on women’s political participation, evidenced by the low rate of women occupying influential political or government positions. The October 2020 presidential elections saw two female candidates run for office. Political participation by openly identified LGBTQI+ persons was nonexistent due to cultural stigma and taboos that caused LGBTQI+ persons to hide their status.
Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials. The CNRD created the Court to Repress Economic and Financial Crimes (CRIEF) in December 2021 to handle cases involving embezzlement, corruption, and misuse of public funds of more than one billion Guinean francs ($115,000), and a new judicial officer of the state was appointed.
Corruption: The CRIEF placed some accused dignitaries of the former regime in provisional detention and others under judicial control while awaiting trial. On November 16, the president removed Alpha Yaya Sow as the minister of infrastructure and public works due to his being under investigation by the CRIEF for alleged acts of complicity around public procurement. The government has detained former Prime Minister Ibrahima Kassory Fofana and several other former ministers at the main prison of Conakry since April on charges of corruption and embezzlement of public funds. On November 1, Fofana appeared in court for additional judicial questioning. Fofana and other ministers appealed a November 22 CRIEF decision to deny their bail to the Supreme Court. As of November, the CRIEF continued to investigate the corruption case against Fofana and the other ministers. Reportedly, other civil servants suspected of corruption have fled the country, some of whom have had international arrest warrants issued against them. Land sales and business contracts generally lacked transparency. Business leaders asserted regulatory procedures were opaque and facilitated corruption.
The new judicial officer of the state announced on July 25 the seizure of $4.6 million and 26 billion Guinean francs ($3 million) from persons prosecuted for embezzlement of public funds by the CRIEF in less than a year. The president of the transition dismissed some directors of state agencies, mayors, and 28 communal councils, and legal proceedings have been initiated against them for embezzlement and misappropriation of funds.
Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights
Some domestic and international human rights groups monitored and attempted to disseminate information on human rights abuses. They generally operated without government restriction. Government officials rarely were cooperative and responsive to their views. Since the September 2021 coup d’état, CNRD officials included human rights groups as part of the national dialogue process. NGOs are required to renew their permits with the government every three years.
Government Human Rights Bodies: There is a directorate of human rights and fundamental freedoms within the Ministry of Justice and Human Rights that is responsible for implementing government policy for the promotion and protection of human rights.
The president of the transition launched on March 22 the National Conference (Assises Nationales), reportedly a mechanism for national reconciliation. On March 25, Colonel Doumbouya created a National Committee of Consultations composed of 31 members to oversee the National Conference, headed by former Prime Minister Mohamed Beavogui and cochaired by the Grand Imam of the Grand Mosque of Conakry and the Archbishop of Conakry. Beavogui noted that the work of the committee would be based on the conclusions of the 2016 Provisional Commission for Reflection on National Reconciliation and additional research completed during the period 2016-22. From March 22 to April 29, the members of the committee travelled across the country and to the country’s diplomatic missions abroad to organize consultations with social actors. The National Committee of Consultations officially handed its final report to Colonel Doumbouya on August 24. One of the recommendations requested the government take care of the victims of violence during demonstrations and provide psychological and material assistance.
Discrimination and Societal Abuses
Rape and Domestic Violence : The law criminalizes rape and domestic violence, but both occurred frequently, and authorities rarely prosecuted perpetrators. The law does not address spousal rape or the gender of survivors. Rape is punishable by five to 20 years in prison. Survivors often declined to report crimes to police due to custom, fear of stigmatization, reprisal, and a lack of cooperation from investigating police or gendarmes. Studies indicated citizens also were reluctant to report crimes because they feared police would ask the survivor to pay for the investigation.
In domestic violence cases, authorities may file charges under general assault, which carries sentences of two to five years in prison and fines. Violence against a woman that causes an injury is punishable by up to five years in prison and a fine. If the injury causes mutilation, amputation, or other loss of body parts, it is punishable by 20 years of imprisonment; if the victim dies, the crime is punishable by life imprisonment. Assault constitutes grounds for divorce under civil law, but police rarely intervened in domestic disputes, and courts rarely punished perpetrators.
Female Genital Mutilation/Cutting (FGM/C) : Although the Transition Charter does not explicitly prohibit FGM/C, it grants individuals the right to their physical integrity. Prior to September 2021, the constitution and laws prohibited FGM/C. The country had an extremely high FGM/C prevalence rate. According to a 2018 UNICEF survey, 94.5 percent of women and girls ages 15 to 49 had undergone the procedure, which was practiced throughout the country and among all religious and ethnic groups.
The law specifies imprisonment of five to 20 years and a fine if the victim is severely injured or dies; if the victim dies within 40 days of the procedure the penalty is up to life in prison or death. The law provides for imprisonment of three months to two years and fines for perpetrators who do not inflict severe injury or death. These laws were not effectively nor regularly enforced.
In October 2021 the CNRD appointed Morissanda Kouyate, a lifelong advocate for women’s rights and the eradication of FGM/C, as minister of foreign affairs, international cooperation, African integration, and Guineans abroad.
Sexual Harassment : The law prohibits all forms of workplace harassment, including sexual harassment; however, the Transition Charter does not explicitly mention workplace or sexual harassment. Prior to September 5, the constitution prohibited harassment based on sex, race, ethnicity, political opinions, and other grounds. The Ministry of Labor did not document any case of sexual harassment, despite its frequency. The law penalizes sexual harassment. Sentences range from three months to two years in prison and the payment of a fine, depending on the gravity of the harassment. Authorities rarely enforced the law.
According to the Union of Guinean Workers, women working in the public sector reported professional repercussions, marginalization, and threats by superiors when women did not accept their advances.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Low accessibility and poor quality of family planning services as well as limited mix of methods hindered access to contraception. Cultural barriers included a lack of male partner engagement or support for a woman’s decision to use family planning services; lack of decision-making power for women, as women in many cases needed approval from their husbands before using health services, including family planning; and expectations for newlywed couples to have children. Religious beliefs also hindered access. According to the 2018 Demographic and Health Survey , modern contraceptive prevalence rate among women ages 15-49 who were married or in a relationship was 11 percent.
According to the 2018 Demographic and Health Survey , 55 percent of women gave birth with a skilled health-care professional present. Lack of quality health care, a limited health workforce, and sociocultural barriers also affected women’s access to skilled health attendants, particularly when no midwives were available.
According to the 2016 UNICEF Multiple Indicator Cluster Survey , the maternal mortality rate was 550 per 100,000 live births. Lack of accessible, quality health services, discrimination, gender inequalities, early marriage, and adolescent pregnancy all contributed to the maternal death rate. (See the Female Genital Mutilation/Cutting (FGM/C) subsection for additional information.) According to the UN Population Fund, the adolescent birth rate was 120 per 1,000 girls ages 15-19 years.
The government provided access to sexual and reproductive health services for survivors of sexual violence. Multisectoral committees at the national, regional, and local levels addressed gender-based violence, including sexual violence. Committee participants included health professionals, police, and administrative authorities. Health professionals provided health care, including sexual and reproductive health services, to survivors of sexual and domestic violence. The UN Population Fund contributed emergency contraception through family planning partner clinics. Emergency contraception was also included in rape kits.
Lack of access to adequate menstrual hygiene supplies or facilities impacted women and girls’ participation in educational, social, and economic opportunities. According to a Human Rights Watch report, the government does not explicitly guarantee nor ban girls from staying in school during pregnancy and motherhood. Religious, cultural, and societal stigma or pressures, however, often led the families of pregnant girls or adolescent mothers to deprioritize their education.
Discrimination : The law does not provide for the same legal status and rights for women as for men, including in inheritance, property, employment, credit, and divorce. Although the law prohibits gender discrimination in hiring, the government did not effectively enforce this provision. There were no known limitations on women’s working hours, but there are legal restrictions to women’s employment in occupations and tasks deemed hazardous and in industries such as mining and construction (see section 7.d.). Traditional practices historically discriminated against women and sometimes took precedence over the law, particularly in rural areas.
Government officials acknowledged that polygyny was common. Divorce laws generally favor men in awarding custody and dividing communal assets. Legal testimony given by women carries less weight than testimony by men in a customary practice.
A 2019 amendment to the law makes monogamy the standard for marriage, except in the case of an “explicit agreement” with the first wife.
- Systemic Racial or Ethnic Violence and Discrimination
The country’s population was diverse, with three main linguistic groups and several smaller ones. While the law prohibits racial or ethnic discrimination, allegations of discrimination against members of all major ethnic groups occurred in private sector hiring. Ethnic segregation of urban neighborhoods and ethnically divisive rhetoric during political campaigns were common. The government made little effort to address these problems.
Birth Registration : Children derive citizenship by birth within the country, marriage, naturalization, or parental heritage. Authorities did not permit children without birth certificates to attend school or access health care.
Education : Government policy provides for tuition-free, compulsory primary education for all children up to age 16. While girls and boys had equal access to all levels of primary and secondary education, approximately 39 percent of girls attended primary school, compared with 52 percent of boys. Government figures indicated 13 percent of girls completed secondary school, compared with 22 percent of boys (see section 6, Women, Reproductive Rights).
Child Abuse : Child abuse was a problem and authorities and NGOs continued to document cases. Child abuse occurred openly, although families ignored most cases or addressed them at the community level. Authorities rarely prosecuted offenders.
In March 2021 an amended law on children came into force. The law provides increased penalties for offenses that expose children to violence, sexuality, the display or dissemination of obscene images, and messages not intended for children. The law also increases penalties relating to child labor, sexual abuse, sexual exploitation of children, and child pornography.
Child, Early , and Forced Marriage : The law criminalizes early and forced marriage. The legal age for marriage is 18. Ambiguity remains, however, because the law refers to customary marriages for children who receive consent from both their parents or their legal guardian. The Guinean Young Girls Leaders Club (Le Club des Jeunes Filles Leaders de Guinee) recorded 50 child marriages during the year, a drop from previous years’ records. According to Girls Not Brides, an international network of civil society organizations committed to ending child marriage, prevalence rates in Guinea are 47 percent of child marriage by 18 years of age and 17 percent of child marriage by the age of 15.
Sexual Exploitation of Children : The law prescribes penalties for all forms of child trafficking, including the commercial sexual exploitation of children. The law prohibits child pornography. The law does not explicitly address the sale, offering, or using of children for commercial sex. These laws were not regularly enforced, and sexual assault of children, including rape, was a serious problem. Girls between ages 11 and 15 were most vulnerable and represented more than half of all rape survivors.
Displaced Children : Although official statistics were unavailable, a large population of children lived on the streets, particularly in urban areas. Children frequently begged in public areas.
Institutionalized Children : The country had numerous registered and unregistered orphanages. While reports of abuse at orphanages sometimes appeared in the press, reliable statistics were not available. Authorities institutionalized some children after family members died from the Ebola virus.
The Jewish community was very small and there were no reports of antisemitic acts.
- Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/ .
- Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics
Criminalization: The law criminalizes consensual same-sex sexual conduct between adults, which is punishable by three years in prison. Although there were no known prosecutions under the law during the year, LGBTQI+ individuals reported harassment and persecution by law enforcement and often paid bribes in order to avoid arrest. The Office for the Protection of Women, Children, and Morals, a part of the Ministry of Security, includes a unit for investigating morals offenses, including same-sex sexual conduct.
Violence against LGBTQI+ Persons: LGBTQI+ persons faced arbitrary arrest, violence, and harassment by security forces who accused them of disrupting the social order. LGBTQI+ persons reported being stigmatized by their families. They were also subject to sexual assault based on their sexual orientation (see section 1.c., Prison and Detention Center Conditions, Abusive Physical Conditions, and section 1.d., Arbitrary Arrest). LGBTQI+ persons indicated some degree of internal displacement to avoid regions where cultural and religious norms put their lives and livelihoods in particular danger.
Discrimination: Deep religious and cultural taboos existed against consensual same-sex sexual conduct. Antidiscrimination laws do not apply to LGBTQI+ persons. The Transition Charter and existing laws do not protect the rights of LGBTQI+ persons. The Transition Charter describes marriage and the traditional family unit (which excludes LGBTQI+ families) as the foundation of the country’s society. LGBTQI+ persons were subject to employment and housing discrimination. There were no official or formal NGO reports of discrimination based on sexual orientation or gender identity, although societal stigma likely prevented survivors from reporting abuse or harassment. LGBTQI+ community members advised that those who are unable to conceal their identity, particularly transgender persons and sexual minorities with nonnormative gender presentation, were subject to bullying by peers and teachers, and often were unable to complete their studies. LGBTQI+ persons reported fear of discrimination when seeking health and medical care, leading many not to seek out treatment. A diplomatic mission in Conakry requested in December 2021 information regarding the celebration of same-sex marriage by foreign consuls in the country. The Ministry of Justice through the Ministry of Foreign Affairs replied in March that according to the law, such a marriage is not recognized in the country.
Availability of L egal G ender R ecognition: There is no process by which the government allows individuals to change their gender identity marker on legal and identifying documents to bring them into alignment with their gender identity. The option of identifying as “nonbinary/intersex/gender nonconforming” was not available.
Involuntary or C oercive M edical or P sychological P ractices S pecifically T argeting LGBTQI+ I ndividuals: There were no reports of involuntary or coercive medical or psychological practices specifically targeting LGBTQI+ individuals. Religious, cultural, and family pressures, however, led to informal attempts to “convert” LGBTQI+ individuals, including by families regularly forcing LGBTQI+ members into unwanted marriages with heterosexuals.
Restrictions of F reedom of E xpression, A ssociation, or P eaceful A ssembly: There were no specifically registered LGBTQI+ organizations, as the government restricted such organizations from legally registering. Some public health organizations worked to raise sexual health and HIV and AIDS awareness, as well as prevent human rights abuses among vulnerable communities, including the LGBTQI+ community. An association supported by the National AIDS Control Committee and the Global Fund Works provided educational awareness on AIDS prevention, safe sexual practices, and antiretroviral treatment distribution, and it advocated for the rights of vulnerable populations, including members of the LGBTQI+ community who continued to hide their status.
- Persons with Disabilities
Persons with disabilities could in some cases access education, health services, public buildings, and transportation on an equal basis with others. The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in education, employment, air travel and other transportation, access to health care, or the provision of other government services. Other elements of the law describe the rights of persons with disabilities, such as access to regular, dedicated, or subsidized private schools, government hiring quotas, priority access to government services, and access to public transportation. The government did not effectively implement the law and programs to provide access to buildings, information, and communications. The government provided some information and communication in accessible formats. Colonel Doumbouya delivered the president’s 2021 end-of-year speech, which for the first time was accompanied by sign-language simultaneous interpretation. In July the CNT held a two-day workshop on incorporating rights for persons with disabilities in the new constitution.
The law prohibits discrimination in employment against persons with disabilities. The government estimated the population of persons with disabilities to be 155,900. The Ministry of Social Action and the Promotion of Women and Children is responsible for protecting the rights of persons with disabilities, but it was ineffective. The government had informal hiring programs for hiring persons with disabilities. The government provided no support for placing children with disabilities in schools. Some parents of children with disabilities and children with albinism decided not to continue their education to prioritize resources for family members with better economic prospects.
- Other Societal Violence or Discrimination
Discrimination against persons with albinism occurred, particularly in the Forested Guinea Region, where, historically, ritual sacrifices and other harmful practices related to witchcraft used persons with albinism or their body parts. NGOs focused on the rights of persons with albinism continued to raise awareness of discrimination and violence. A 2021 law affords persons with albinism equal rights to access education, health care, mobility, and employment. The law also strengthens penalties for those who encourage persons with albinism to beg and who seek to use persons with albinism in ritual ceremonies.
Local press reported on mob violence throughout the year, which remains widespread due to a lack of trust and capacity in the local judicial system. Mob violence remained a widespread problem and was reported in the local press throughout the year.
In Mandiana, Upper Guinea Region, an angry mob killed a man on June 20. The victim was questioned by the judge for acts of intentional bodily injury which resulted in the death of a young woman. During the hearing, the accused was forcibly removed from the judge’s office and lynched within the court compound. Thirteen persons were arrested and transferred to Kankan civil prison.
Laws exist to protect persons with HIV and AIDS from stigmatization. The law on reproductive health provides that persons with HIV and AIDS receive special assistance in basic care and a guarantee of confidentiality. The government relied on donor efforts to combat discrimination against persons with HIV and AIDS, and government efforts were limited to paying health-care worker salaries. Most victims of stigmatization were widows abandoned by their families after their husbands died of AIDS.
- a. Freedom of Association and the Right to Collective Bargaining
The labor code provides workers the right to organize, bargain collectively, join a union, and engage in strikes that can be complete or partial or in other forms which do not necessarily imply a pure and simple cessation of work, provided they are of a peaceful nature. The law requires that unions obtain the support of 20 percent of the workforce in order to represent them. The law places restrictions on the free exercise of these rights. The law mandates that the union organization or the collective filing the strike notice provide a written notice to the competent authority with the reasons and claims made 10 working days before going on strike. Employees have the right to cease work completely upon expiration of the strike notice, subject to providing the necessary safety measures and minimum service. An employee who is required to provide a minimum service and who fails to report for duty is guilty of gross negligence.
Strikes are permitted only for work-related topics. Members of the armed forces may not strike. The military requests work changes through chain of command.
The law protects workers from antiunion discrimination. The law prohibits employers from taking union membership into consideration when considering decisions concerning an employee’s hiring, firing, and conduct. It also allows workers 30 days to appeal any labor decisions and provides for reinstatement of any employee fired for union activity.
The Office of the Inspector General of Labor within the Ministry of Labor manages consensus arbitration, as required by law. An arbitration procedure may be implemented at any time, either at the request of one of the parties to the dispute, or at the request of the minister of labor, particularly if the dispute concerns “essential services.”
Penalties for various labor violations ranged from fines to imprisonment, commensurate with penalties for similar crimes. The government did not effectively enforce applicable laws. Inspections were not adequate to achieve compliance, and penalties were rarely applied against violators.
Worker organizations did not generally operate independently of government or political party interference. Differences existed among the trade unions, with members accusing each other of supporting employer organizations or the government. This resulted in some unions split between two leaders. Companies did not always respect freedom of association and the right to collective bargaining.
In July the secretary general of the Autonomous Trade Union Federation of Banks and Insurance of Guinea was accused of offenses against justice and contempt of court and spent four days in pretrial detention before being sentenced to a five-month suspended prison term. The association of magistrates had filed a complaint against him for insulting remarks following a ruling against two banking institutions by the Court of Appeal of Conakry. Due to the secretary general’s detention, workers at banks and insurance companies organized a work stoppage that led to banking paralysis for several days.
- b. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor and debt bondage. Prison labor, however, is legal, including for crimes related to political and religious expression. The law prescribes penalties of three to seven years’ imprisonment, a fine, or both for forced-labor offenses involving an adult victim, and five to 10 years’ imprisonment, a fine, or both for those involving a child victim. Penalties were not commensurate with those for similar crimes. The government did not effectively enforce the law or prosecute any cases for adult forced labor.
Traffickers exploited men, women, and children in forced labor in agriculture. Traffickers exploited boys in forced labor in begging, mining, fishing, and on coffee, cashew, and cocoa plantations. Some government entities and NGOs alleged forced labor was most prevalent in the informal mining sector. Women and children were the most vulnerable to trafficking (see section 7.c.). Migrant laborers represented a small proportion of forced labor victims. The labor code does not regulate the work of migrants. In July the Ministry of Foreign Affairs created an office to monitor migrant worker numbers and take measures for their protection.
See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/ .
- c. Prohibition of Child Labor and Minimum Age for Employment
See the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .
- d. Discrimination with Respect to Employment and Occupation
The law prohibits sexual harassment and discrimination based on race, color, national origin, citizenship, social origin, age, language, or HIV-positive status or other communicable disease status. The government took no steps to prevent discrimination in employment and occupation. Penalties were not commensurate with similar crimes and penalties were never applied against violators.
Although the law requires equal pay for equal work, women received lower pay for similar work, and there were legal restrictions on women’s employment in some occupations (see section 6). Few persons with disabilities had access to work in the formal sector, although some worked in small family businesses; many survived by begging on the streets.
- e. Acceptable Conditions of Work
Wage and Hour Laws : In June the government increased the Guaranteed Minimum Interprofessional Wage from 440,000 Guinean francs ($51) to 550,000 Guinean francs ($63) per month, although this rate remained below the World Bank poverty level.
The law mandates that regular work should not exceed 10-hour days or a 48-hour week, and it mandates at least 24 consecutive hours of rest each week, usually on Sunday. Every salaried worker has the legal right to an annual paid vacation accumulated at the rate of at least two days per month. Overtime and night wages are a fixed percentage of the regular wage. The law stipulates a maximum of 100 hours of compulsory overtime a year.
Occupational Safety and Health (OSH) : The law contains OSH provisions but does not establish workplace health and safety standards. Moreover, it does not stipulate the safety requirements for certain occupations or for certain methods of work identified in the law. The employer is required to develop facilities and regulate workflow in order to preserve the health and safety of workers. They are responsible for providing employees with personal protective equipment at no cost. The labor inspector carries out investigations into the causes, circumstances, and responsibilities. All workers, foreign and migrant, have the right to refuse to work in unsafe conditions without penalty.
Each industry is required to have an occupational safety and health plan, though this requirement was rarely enforced. Despite legal protection against working in unsafe conditions, many workers feared retaliation and did not exercise their right to refuse to work under unsafe conditions. Data were not available on workplace fatalities and accidents, but accidents in unsafe working conditions were common, especially in construction and artisanal mining. The government banned wildcat gold prospecting and other mining activities during the rainy season to prevent deaths from mudslides. Press reporting noted at least two dozen deaths in landslides on mining sites and granite and sand quarries at several locations in the countryside.
According to the General Labor Inspectorate, one occupational accident is reported at least once every quarter.
Wage, Hour, and OSH Enforcement: The Ministry of Labor is responsible for enforcing labor standards. The reported number of labor inspectors met International Labor Organization (ILO) standards, but the ILO noted inspectors received inadequate training. Labor inspector vacancies often went unfilled. Penalties for violation of the law were not commensurate with similar crimes and were rarely applied against violators. Enforcement efforts were insufficient to deter violations.
Authorities rarely monitored work practices or enforced workweek standards or overtime rules. Violations of wage, overtime, and OSH standards were common across sectors and inspectors found occupational health and environmental hazards among artisanal (small-scale) gold mining communities in the northern section of the country.
Informal Sector: The informal sector included 60 to 70 percent of all workers. The law and regulations on minimum wages applied to the informal sector, but these were not enforced in the informal sector. Sectors in which informal employment was prevalent included subsistence farming, small-scale commerce, street vending, shining shoes, and mining.
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The lessons of 1989: freedom and our future.
SA government urged to reduce 'alarming' rate of Aboriginal children entering care
Aboriginal children will enter state care at rates similar to those of the Stolen Generation unless change is made, South Australia's Aboriginal Children's Commissioner predicts.
- SA's Aboriginal Children's Commissioner has been investigating the removal and placement of First Nations children in out-of-home care
- She says one out of every two First Nations children in the state were subjected to a child protection notification between 2020 and 2021, compared with one out of every 12 non-Aboriginal children
- The SA government says it will carefully consider the 17 recommendations made in a preliminary report released by the commissioner's office
A report released on Wednesday by SA's Commissioner for Aboriginal Children and Young People found the state government is not effectively implementing in full the nationally recognised Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP).
"In South Australia, it is predicted that without change, by 2031 there will be as many as 140 of every 1,000 Aboriginal children in state care," the report states.
"If this predicted increase is realised, Aboriginal children will be being removed in numbers close to those of the Stolen Generation, the historical, systemic removal of Aboriginal children from their families."
The preliminary report was released by commissioner April Lawrie after 15 months of inquiring into the removal and placement of Aboriginal children in SA.
Ms Lawrie found in 2020-21, one out of every two South Australian Aboriginal children were subject to at least one child protection notification, compared to one out of every 12 non-Aboriginal children.
She found one in three Aboriginal children were reported to child protection authorities before they were born.
"That is alarming," Ms Lawrie told the ABC.
"Every effort needs to be put in place with regards to the enshrinement of the wider form of the Aboriginal and Torres Strait Islander Child Placement Principle."
Aboriginal child removal rates 'out of control'
The ATSICPP is used by governments across Australia to ensure that the removal of First Nations children from their families is a measure of last resort.
It asks governments to prioritise placing First Nations children identified as being at risk of harm with other family or kinship members, so they can safely grow up connected to culture.
The SA government, along with all other jurisdictions, has agreed to implement the principle.
But Ms Lawrie said that last year only 61 per cent of South Australian Aboriginal children in care were reported as being placed in compliance with the principle.
That figure dropped from 66 per cent in 2013.
"It's concerning to me because the rates of removal and Aboriginal children ending up in out-of-home care are out of control," the commissioner said.
"The rates of over-representation have been trending upwards in South Australia, but also in other jurisdictions in this country.
"If this trend continues as it is, we can see that in the next 10 years, there will be a further 50 per cent of our kids in out-of-home care."
'Power misuse' between families and authorities
In her report, Ms Lawrie wrote that once children enter care, their family members often feel "talked down to, over-surveilled, bullied, gas-lit and manipulated" by Department for Child Protection workers.
She wrote those feelings highlight "what they [family members] perceive as a misuse of power, including through workers ignoring or misleading families or withholding information".
"Community discussed that families often have a lack of understanding about their rights and child protection processes, and this leads to families feeling disempowered in their interactions with the system," the report states.
Ms Lawrie wrote she had also heard "many accounts" from First Nations people about the removal of Aboriginal children who were left disconnected from their family and culture for years, only to find out there were family or community members who could have brought them up.
"Children themselves have expressed … their disbelief, sadness and anger at this loss," she wrote.
Government to 'carefully consider' report's recommendations
So far, nearly 1,000 people have given evidence to Ms Lawrie during her inquiry.
The commissioner said she had also reviewed more than 890 documents, audited 22 case files, and received 44 submissions.
Her preliminary report makes 17 recommendations to improve the government's adherence to the ATSICPP.
They include inserting the principle in legislation, ensuring that authorities hold a family group conference before significant decisions are made about a child, and giving the Youth Court the power to make child reunification orders.
"The state must take swift and decisive action to ensure that the rate of removals of Aboriginal children and young people from their families, community and culture is reduced," Ms Lawrie wrote.
Ms Lawrie said she would conduct more public hearings before handing down a final report early next year.
In a statement provided to the ABC, Child Protection Minister Katrine Hildyard said the report's recommendations would be carefully considered.
"As discussed with commissioner Lawrie, a number of the themes outlined in the preliminary report are the subject of matters which were considered in our review of the Children and Young People (Safety) Act 2017, are part of the Aboriginal and Torres Strait Islander Action Plan, and are being actively considered in the drafting of new legislation," she said.
"It is clear that improvements need to be made.
"I look forward to continuing to collaborate with commissioner Lawrie to advance positive change that improves the lives of Aboriginal children and their families, including through progressing new legislation."
New plan to tackle child abuse and neglect of indigenous children announced.
Aboriginal children entering state care in SA at 'worsening rate'
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