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# Guinea-Bissau

**2005** **Country Reports on Human Rights Practices**

Guinea-Bissau is a multiparty republic with a population of
approximately 1.3 million. On July 24, João Bernardo \"Nino\" Vieira was
elected president, narrowly defeating Malam Bacai Sanha, the candidate
of the ruling African Party for the Independence of Guinea-Bissau and
Cape Verde (PAIGC). The presidential election, which international
observers characterized as free and fair, represented another milestone
in the country\'s return to constitutional government. Civilian
authorities generally maintained effective control of the security
forces; however, soldiers loyal to former president Kumba Yala briefly
occupied the presidential residence on May 24 and attacked the Interior
Ministry on July 16.

The government generally respected the human rights of its citizens;
however, there were problems in some areas. Poverty, pervasive
underemployment, disease, and inadequate pay for public servants
contributed to the country\'s human rights problems, which included:

-   violent dispersal of demonstrations

-   poor prison conditions

-   official corruption and impunity

-   violence and discrimination against women

-   female genital mutilation (FGM)

-   child labor, including some forced labor, and

-   child trafficking

## RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom
From:

a\. Arbitrary or Unlawful Deprivation of Life

Unlike in the previous year, the government or its agents did not commit
any politically motivated killings; however, on June 23, police shot and
killed demonstrators (see section 2.b.).

On May 24, soldiers loyal to former president Yala occupied the
presidential residence for several hours and demanded that Yala be
reinstated as president. In a similar July 16 incident, approximately 20
soldiers believed to be loyal to Yala attacked the Interior Ministry,
killed 2 security guards, and injured a third. No arrests were made, and
the perpetrators had not been identified by year\'s end.

There were no developments in the October 2004 killing by military
mutineers of former Defense Chief General Verissimo Correia Seabra and
Colonel Domingos de Barros; the soldiers responsible for the killings
had not been identified by year\'s end.

There were no developments in the 2003 case of Army Second Lieutenant
Mussa Cassama, who died from injuries inflicted during torture.

Unlike in the previous year, there were no deaths from landmines or
unexploded ordnance.

b\. Disappearance

There were no reports of politically motivated disappearances.

> c\. Torture and Other Cruel, Inhuman, or Degrading Treatment or
> Punishment

The law prohibits such practices, and there were no reports that
government officials employed them. The government rarely punished
members of the security forces who committed abuses.

On July 16, soldiers attacked the Interior Ministry, which resulted in
deaths and injury (see section 1.a.).

The military mutineers who beat and abused senior officers in October
2004 had not been identified by year\'s end.

There were no developments in the 2004 reported road rage incident
involving the former Deputy Chief of Defense.

Demining operations continued; however, unlike in the previous year,
landmines and unexploded ordnance did not result in deaths or injury.

Prison and Detention Center Conditions

Prison conditions remained poor. There were no formal prisons, and the
government detained most prisoners in makeshift detention facilities on
military bases in Bissau and neighboring cities. Detention facilities
generally lacked running water and adequate sanitation. Detainees\'
diets were poor, and medical care was virtually nonexistent. Pretrial
detainees were not held separately from convicted prisoners.

The government generally permitted independent monitoring of prison
conditions by local and international human rights groups. During the
year representatives from the Red Cross and the Office of the
Representative of the UN Secretary General visited prisoners.

d\. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, police
arbitrarily arrested and detained demonstrators (see section 2.b.).

> Role of the Police and Security Apparatus

The police, under the direction of the Ministry of the Interior, have
primary responsibility for the country\'s internal security. The armed
forces are responsible for external security and can be called upon to
assist the police in internal emergencies.

The country is divided into 37 police districts; there were an estimated
600 police in the country. Impunity and corruption were rampant, and
police generally were ineffective. Transit police were particularly
corrupt and demanded bribes from vehicle drivers whether their documents
were in order or not. Police were poorly and irregularly paid, and there
was a severe lack of resources and training. The attorney general was
responsible for investigating police abuses, but no investigations
occurred during the year.

Arrest and Detention

The law requires arrest warrants and provides for the right to counsel,
and, if indigent, to one provided by the state; the right to release if
no timely indictment is brought; and the right to a speedy trial.
However, authorities did not respect these rights in practice. There was
a functioning bail system.

Unlike in the previous year, no human rights activists were detained
during the year.

There were no reports of political detainees.

e\. Denial of Fair Public Trial

The law provides for an independent judiciary, and the judiciary
continued its 2004 efforts to establish its independence; however,
judges were poorly trained and paid and sometimes were subject to
corruption.

Civilian courts conduct trials involving state security. Under the Code
of Military Justice, military courts only try crimes committed by armed
forces personnel. The Supreme Court is the final court of appeal for
both military and civilian cases. The president has the authority to
grant pardons and reduce sentences.

Trial Procedures

The law provides for the right to a fair trial, and the judiciary
generally enforced this right. There is no trial by jury, but the law
provides for a presumption of innocence and the right to timely access
to an attorney, to question witnesses, to have access to evidence held
by the government, and to appeal. Citizens who cannot afford an attorney
have the right to a court-appointed lawyer.

Traditional practices still prevailed in most rural areas, and persons
who lived in urban areas often brought judicial disputes to traditional
counselors to avoid the costs and bureaucratic impediments of the
official system. The police often resolved disputes.

Political Prisoners

There were no reports of political prisoners.

> f\. Arbitrary Interference with Privacy, Family, Home, or
> Correspondence

The law prohibits such actions, and the government generally respected
these prohibitions in practice.

Section 2 Respect for Civil Liberties, Including:

a\. Freedom of Speech and Press

The law provides for freedom of speech and of the press, and the
government generally respected these rights in practice. Unlike in the
previous year, there were no reports that security forces arrested
persons for exercising their right of free speech.

In addition to the government-owned newspaper *No Pintcha*, several
private newspapers published without restriction. All newspapers
published sporadically during the year due to financial constraints and
dependence on the state-owned printing house. The national printing
press often lacked raw materials.

There were several independent radio stations and a national television
stations.

There were no government restrictions on the Internet or academic
freedom.

b\. Freedom of Peaceful Assembly and Association

Freedom of Assembly

The law provides for freedom of assembly; however, the government did
not always respect this right in practice. Permits were required for all
assemblies and demonstrations.

On June 23, police intercepted approximately 200 Social Renovation Party
(PRS) youth demonstrators and fired into the crowd; the demonstrators
were walking to the National Elections Commission to demand the results
of the presidential election. Three protesters were killed, and a fourth
subsequently died of injuries inflicted by the police. Eleven
demonstrators, including PRS Secretary-General Artur Sanha, were
arrested and detained until June 26. No action was taken against the
police, who claimed that the government had not authorized the
demonstration.

Freedom of Association

The law provides for the right of association, and the government
generally respected this right in practice.

c\. Freedom of Religion

The law provides for freedom of religion, and the government generally
respected this right in practice. However, in March the government
prohibited activity by the Ahmadiya, an Islamic religious group.
Although the government must license religious groups, there were no
reports that any applications were refused.

> Societal Abuses and Discrimination

During the year, feuding leaders of the country\'s mainstream Muslim
community and converts to the Ahmadiyya sect used local radio to incite
their followers. On February 16, a Muslim leader broadcast a call to his
followers to meet at the courthouse in Gabu, which hundreds did. The
crowd subsequently beat and detained four Ahmadiyya believers and
attacked local police who were trying to control the situation. No
action was taken against the perpetrators by year\'s end.

There is no Jewish community, and there were no reports of anti-Semitic
acts.

For a more detailed discussion, see the *2005 International Religious
Freedom Report*.

> d\. Freedom of Movement within the Country, Foreign Travel,
> Emigration, and Repatriation

The law provides for these rights, and the government generally
respected them in practice.

The law did not specifically prohibit forced exile; however, the
government did not use it.

Protection of Refugees

The law provides for the granting of asylum or refugee status in
accordance with the 1951 UN Convention relating to the Status of
Refugees or its 1967 protocol, and the government has established a
system for providing protection to refugees. In practice the government
provided protection against *refoulement*, the return of persons to a
country where they feared persecution. The government did not grant
refugee status or asylum during the year. The government cooperated with
the office of the UN High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees and asylum seekers. The
UNHCR reported that the government was tolerant of refugees and
permitted them to engage in economic activities to support themselves.
There were approximately seven to eight thousand refugees from Casamance
region of Senegal living within the country.

Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government

The law provides citizens with the right to change their government
peacefully, and citizens exercised this right through free and fair
elections held on the basis of universal suffrage.

Elections and Political Participation

On July 24, Joao Bernardo Vieira, the country\'s former military ruler,
defeated ruling PAIGC candidate Malam Bacai Sanha in a run-off
presidential election. President Vieira replaced Henrique Pereira Rosa,
who headed the previous civilian transition government. Bacai appealed
the election results to the Supreme Court, which on August 19 upheld
Vieira\'s victory. The election, which international observers declared
free and fair, constituted a major step in the country\'s return to
constitutional government that began with the 2003 removal of former
president Kumba Yala, who had ruled by decree and undermined democratic
institutions.

In March 2004 legislative elections were held for the 100-seat National
Popular Assembly (ANP), which had been dissolved in 2002 by former
president Yala. The PAIGC won with a plurality of 45 seats, and Carlos
Domingos Gomes Junior was appointed Prime Minister. International
observers deemed the elections free and fair.

There were 14 women in the 100-seat ANP. The supreme court chief
justice, 2 of the country\'s 19 government ministers, and 1 of 9 state
secretaries also were women.

All ethnic groups were represented in the government.

Government Corruption and Transparency

Official corruption and lack of transparency were endemic at all levels
of government. Customs officers frequently accepted bribes for not
collecting import taxes, which greatly reduced government revenues.

The law provides that \"everyone has the right to information and
judicial protection\"; however, such access was seldom provided.

Section 4 Governmental Attitude Regarding International and

> Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were somewhat
cooperative and responsive to their views. The government did not arrest
human rights activists during the year.

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

The law prohibits discrimination on the basis of sex and race; however,
the government did not enforce these provisions effectively.

Women

Domestic violence, including wife beating, was an accepted means of
settling domestic disputes. There was no law that prohibited domestic
violence, and politicians were reportedly reluctant to address the
subject for fear of alienating more traditional voters or particular
ethnic groups. Although police intervened in domestic disputes if
requested, the government had not undertaken specific measures to
counter social pressure against reporting domestic violence, rape,
incest, and other mistreatment of women.

The law prohibits rape, but government enforcement was limited, in large
part because of lack of resources.

Certain ethnic groups, especially the Fulas and the Mandinkas, practiced
FGM. The practice has increased as the Muslim population has grown and
was performed not only on adolescent girls, but also on babies as young
as four months old. The government has not outlawed the practice;
however, a national committee and international and domestic
nongovernmental organizations (NGOs) continued to conduct a nationwide
education campaign to discourage FGM.

Sinim Mira Nassique, a local NGO, runs alternative FGM summer camps for
young girls throughout the country. During the summer girls attended
camps in Farim, Buba, and Gabu, where they experienced all traditional
initiation rights except excision. The camps, which taught the dangers
of FGM, also provided training in hygiene, sewing, embroidery, and other
skills.

The law prohibits prostitution, but enforcement was weak.

There was no law prohibiting sexual harassment, and it was a problem.

The law treats men and women equally and prohibits discrimination;
however, discrimination against women was a problem, particularly in
rural areas where traditional and Islamic law were dominant. Women were
responsible for most work on subsistence farms and had limited access to
education, especially in rural areas. Women did not have equal access to
employment. Among certain ethnic groups, women cannot own or manage land
or inherit property.

Children

The government allocated limited resources for children\'s welfare and
education. Public schooling was universal, compulsory until seven years
of age, and free through the fourth grade. A 2003 UN Development Program
study indicated that 60 percent of school-age children did not attend
school, in large part because schools were closed for most or all of
2003 as a result of the government\'s failure to pay teachers\'
salaries.

FGM was performed commonly on young girls and sometimes even infants
(see section 5, Women).

Child marriage occurred among all ethnic groups, but no reliable data
existed to quantify the problem. Girls who fled arranged marriages often
were forced into prostitution to support themselves. Local NGOs worked
to protect the rights of women and children and operated programs to
fight child marriage and to protect the victims of child marriage.

Child trafficking occurred (see section 5, Trafficking).

Trafficking in Persons

The law does not prohibit trafficking in persons, and there were reports
that children were trafficked from or within the country. The government
has not prosecuted any cases against traffickers. The Ministry of
Interior has responsibility for antitrafficking efforts; however, the
government had no national plan to combat trafficking or the capability
to monitor, interdict, or prosecute traffickers.

Some boys sent from rural areas to attend Koranic schools in Senegal
reportedly were exploited and forced to beg to earn money for the school
leadership. The practice of buying and selling child brides also
reportedly occurred on occasion.

There were reports that customs, border guards, immigration officials,
labor inspectors, or local police may have been bribed to facilitate
such trafficking; however, no specific information was available.

Neither the government nor NGOs assisted trafficking victims.

Persons with Disabilities

The law does not specifically prohibit discrimination against persons
with disabilities, mandate building access for them, or provide for
equal access to employment and education; however, there were no reports
of overt societal discrimination. The government has made some efforts
to assist military veterans with disabilities through pension programs,
but these programs did not adequately address veterans\' health,
housing, and food needs.

Section 6 Worker Rights

a\. The Right of Association

The law provides all civilian workers with the freedom to form and join
independent trade unions, and workers exercised this right in practice.
The vast majority of the population worked in subsistence agriculture;
only a small percentage of workers were in the wage sector and
organized. Most union members were government or parastatal employees.

The law does not prohibit antiunion discrimination; however, no workers
alleged antiunion discrimination, and the practice was not believed to
be widespread.

b\. The Right to Organize and Bargain Collectively

The law does not provide for or protect the right to bargain
collectively; however, the tripartite National Council for Social
Consultation conducted collective consultations on salary issues. Most
wages were established in bilateral negotiations between workers and
employers. There are no export processing zones.

The law provides for the right to strike and protection for workers from
retribution for strike activities, and workers exercised this right
during the year. The only legal restriction on strike activity was a
prior notice requirement.

During the previous year, soldiers returning from a peacekeeping mission
in Liberia mutinied to protest salary arrears and poor living
conditions; two officers were killed, and several were injured. No
action was taken against the responsible soldiers. During the year the
government addressed the soldiers\' concerns by paying wage and
allowance arrears and by appointing a defense chief acceptable to the
mutineers.

c\. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, including by children, but
there were reports such practices occurred (see sections 5 and 6.d.).

> d\. Prohibition of Child Labor and Minimum Age for Employment

There were no specific laws that protected children from exploitation in
the workplace, and child labor occurred. The legal minimum age is 14
years for general factory labor and 18 years for heavy or dangerous
labor, including all labor in mines. The small formal sector generally
adhered to these minimum age requirements; however, the Ministry of
Justice and the Ministry of Civil Service and Labor did not enforce
these requirements in other sectors.

Children in cities often worked in street trading, and those in rural
communities did domestic and field work without pay; children generally
performed such labor to support families or because of a lack of
educational opportunities. The government had not taken action to combat
such practices by year\'s end.

e\. Acceptable Conditions of Work

The government\'s Council of Ministers annually establishes minimum wage
rates for all categories of work, but it did not enforce them. The
lowest monthly wage was approximately \$35 (19,030 CFA) per month plus a
bag of rice. This wage did not provide a decent standard of living for a
worker and family, and workers had to supplement their incomes through
other work, reliance on the extended family, and subsistence
agriculture.

In 2004 the government resumed paying the salaries of its teachers,
civil servants, and medical practitioners after years of arrearages;
however, the government again failed to regularly pay its public
servants during the year.

The law provides for a maximum 45-hour workweek, but the government did
not enforce this provision. The law also provides for overtime pay,
provided that it does not exceed 200 hours per year, and a mandatory
12-hour rest period between workdays.

With the cooperation of the unions, the ministries of justice and labor
establish legal health and safety standards for workers, which the ANP
then adopts into law; however, these standards were not enforced, and
many persons worked under conditions that endangered their health and
safety. Workers do not have the right to remove themselves from unsafe
working conditions without losing their jobs.

\*In June 1998, the United States Embassy suspended operations in the
midst of heavy fighting in Guinea-Bissau, and all official personnel in
the country were evacuated. This report is based on information obtained
by U.S. embassies in neighboring countries, especially Senegal, from
other independent sources, and regular visits to Guinea-Bissau by U.S.
officials assigned to the U.S. Embassy in Dakar. The U.S. Ambassador to
Senegal, resident in Dakar, is also accredited to Guinea-Bissau.