State Report of Guinea to the CRC, 1997

Published: 17/Jun/1997
Source: UN Committee on the Rights of the Child


Initial reports awaited from the States parties for 1992 : Guinea. 17/06/97. CRC/C/3/Add.48. (State Party Report)

Name and nationality


47. Filiation is the subject of an ample provision in the Civil Code. Legitimate filiation is established by a regular birth certificate, or, in the absence of a birth certificate, by a judgement by default. Births should be declared within fifteen days of delivery, to the registrar at the registry office in that place. Nevertheless, for births occurring outside the area and in foreign countries, these deadlines are extended to thirty days.

48. Natural filiation is established by cohabitation, acknowledgement by the father or the testimony of two or several persons. Article 370 of the Civil Code provides that recognition of a natural child may be made by a declaration to the registrar or a declaration before the judge. This recognition may not be made to benefit children born of incest. According to article 336 of the civil code, action against the State is impresciptible in regard to the child.


49. The law determines which individuals have Guinean nationality at birth as their nationality of origin. Guinean nationality may be acquired or lost after birth, by effect of the law or by a decision by public authority taken in the conditions laid down by the law. The provisions relating to nationality contained in duly ratified and published international treaties or agreements, are applicable even if they are contrary to the provisions of domestic Guinean legislation.

50. Nationality is also a constituent element of Guinean identity. It is the subject of a wide ranging study in the Civil Code, from Article 20 to Article 169 and covers such varied aspects as international treaties and agreements, attribution, acquisition of nationality and their effects, loss and removal, reintegration, the conditions and form of effects relating to the acquisition or loss of nationality, etc.

(a) Attribution of nationality by virtue of filiation

51. The following are Guineans:
(a) a legitimate child born of a Guinean father;
(b) a natural child when the parent in regard to whom filiation was first established is Guinean;
(c) a legitimate child born to a Guinean mother and a father who has no nationality or whose nationality is not known;
(d) a natural child, when the parent in regard to whom filiation was established in second place is Guinean, if the other parent is of foreign nationality.

(b) Attribution of nationality by reason of birth in Guinea

52. The following are Guineans:
(a) a legitimate child born in Guinea of a father who was himself born there;
(b) a natural child born in Guinea when the parent, in regard to whom filiation was first established was himself born in Guinea;
(c) a natural child legitimized in the course of his minority if his father is Guinean.

53. Through the foregoing articles, it will easily be seen that the right of the child to have a name and a nationality is fully safeguarded.

Full text from UN OHCHR website.

Themes: Acquisition of nationality, Acquisition by children, Identity Documents, Birth Registration
Regions: West Africa, Guinea
Year: 1997