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# Guinea-Bissau

**2004** **Country Reports on Human Rights Practices **

Guinea-Bissau is a multiparty republic. In September 2003, former
president Kumba Yala, who had undermined the country's transition to
democracy since his election in 2000, was deposed in a military coup. In
October 2003, military, political, and civil society leaders appointed
Henrique Pereira Rosa as the president of a civilian transition
government. On March 28, free and fair legislative elections were held
for the 100-seat National Popular Assembly (ANP), which the former
president had dissolved in 2002. The African Party for the Independence
of Guinea-Bissau and Cape Verde (PAIGC) won with a plurality of 45
seats, and Carlos Domingos Gomes Junior was appointed Prime Minister.
President Rosa remained head of state, and presidential elections were
scheduled for March 2005. On October 6, a military mutiny to protest
salary arrears and living conditions resulted in two deaths, including
that of the Chief of Defense, and numerous injuries. In an October 10
memorandum of understanding, the Government agreed to ask Parliament to:
Grant amnesty to those involved in eight military uprisings since 1980;
and to request that the President commute the penalties of individuals
charged with attempting coups in November 2001 and December 2002. No
action had been taken on the memorandum by year\'s end. The judiciary,
which had been subject to strong executive influence since former
president Yala dismissed and imprisoned the former Chief Justice in
November 2002, made major strides in establishing its independence;
however, corruption remained a problem.

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. In 2002, the Government began
a comprehensive program to restructure the armed forces, improve
military living conditions, and demobilize approximately 4,000 active
duty military personnel; however, living conditions remained poor,
salary arrears had not been paid, and the reinsertion and reintegration
phases of the program had not been completed by year\'s end. The October
6 mutiny was the fourth time since the country\'s independence in 1974
that the military intervened and acted independently of government
authority. Some members of the security forces committed serious human
rights abuses.

The population of approximately 1.3 million relies largely upon
subsistence agriculture and the export of cashew nuts in a market
economy. The formal economy broke down in 1998, and most of the country
reverted to barter. In 2002, the country suffered a substantial slowdown
in economic activity, and gross domestic product declined 4.2 percent,
primarily as a result of significantly lower levels of foreign
assistance and a drop of approximately 30 percent in cashew prices in
the international market. The country remained burdened by heavy
external debt and pervasive underemployment. Prior to the September 2003
coup, most public servants had not been paid for up to 2 years; however,
during the year, the Government resumed paying salaries of non-military
public servants.

The Government generally respected the human rights of its citizens;
however, there were problems in some areas. Army mutineers committed
unlawful killings and beat and abused senior officers. Police
arbitrarily arrested a human rights leader during the year. Impunity and
corruption remained problems, although less so than in previous years.
Prison conditions remained poor. Some journalists continued to practice
self-censorship. Violence and discrimination against women were
problems. Female genital mutilation (FGM) was practiced widely. Child
labor, including some forced labor, and child trafficking occurred.

During the year, the Transition Government took significant steps to
improve human rights, take control of public finances, renew relations
with the international community, and restore political participation.
Unlike in previous years, there were no reports that security forces
mistreated detainees; arbitrarily arrested and detained opposition
leaders, journalists, and labor leaders; used incommunicado detention;
infringed on citizens\' privacy rights; or restricted freedom of speech
and the press to intimidate the media.

## RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including

> Freedom From:

a\. Arbitrary or Unlawful Deprivation of Life

Security forces committed political killings during the year. On October
6, military mutineers killed former Defense Chief General Verissimo
Correia Seabraor, who led the coup against former president Yala, and
Colonel Domingos de Barros, the head of human resources for the
military; the soldiers responsible for the killings had not been
identified by year\'s end. The mutineers, who reportedly beat and abused
other officers, demanded payment of salary arrears and improved living
conditions (see Section 3).

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

There were three deaths from landmines and one from unexploded ordnance
during the year.

b\. Disappearance

There were no reports of politically motivated disappearances.

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

The Constitution prohibits such practices, and evidence obtained through
torture or coercion is invalid. In the past, the Government often
ignored these provisions, and security forces beat, mistreated, and
otherwise abused persons; however, there were fewer reports of such
activity than in previous years. The Government rarely enforced
provisions to punish members of the security forces who committed
abuses.

On October 6, military mutineers beat and abused senior officers; two
officers were killed (see Section 1.a.).

In June, Lieutenant General Emilio Costa, then Deputy Chief of Defense,
was accused of beating a motorist in a road rage incident; Costa did not
occupy the position of Deputy Chief of Defense at year\'s end. No
further information was available; however, an investigation was being
conducted at year\'s end.

The officers and enlisted men who were arrested in 2002 for allegedly
plotting to overthrow the Government of former President Yala were
released during the year. No action was taken against security forces
who in 2003 beat, bound, and held the detainees incommunicado.

There also were no developments in the 2002 beating by security forces
of Rui Ferreira, a National Assembly Deputy of the opposition
Resistencia Guinea Bissau Party, or in the case of Victor Mandinga.

Demining operations continued; however, landmines and unexploded
ordnance resulted in deaths and one injury during the year.

Prison conditions remained poor but generally were not life threatening.
The country does not have formal prisons. Most prisoners were detained
in makeshift detention facilities on military bases in Bissau and
neighboring cities. Unlike in previous years, there were no reports that
security forces beat and abused civilian prisoners or used incommunicado
detention. Detention facilities generally lacked running water or
adequate sanitation. Detainees\' diets were poor, and medical care was
virtually nonexistent. Men and women were held in separate facilities,
and juveniles were held separately from adults. 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, the Office of the Representative of the U.N. Secretary General
(UNOGBIS) regularly visited prisoners. Beginning in late 2003 and during
the year, the International Committee of the Red Cross and UNOGBIS were
allowed to visit the seven remaining military personnel who had been
held incommunicado since December 2002.

d\. Arbitrary Arrest or Detention

The Constitution prohibits arbitrary arrest and detention, and, in the
past, security forces arrested and detained persons without judicial
authority or warrants. Unlike in the previous year, there were no
reports of the arbitrary arrest of opposition politicians, journalists,
and union leaders; however, a human rights activist was arrested (see
Section 2.a.). All persons detained without charge or trial during the
former Kumba Yala presidency were released following the September 2003
military coup.

The country is divided into 37 police districts, each with its own
police station; there were an estimated 600 police in the country. Since
the 1998 civil war, police recruitment has not kept pace with attrition.
Unlike in the previous year, police were paid regularly; however, they
have not been compensated for up to 24 months of salary arrears.
Impunity and corruption were rampant, and police generally were
ineffective. There was a severe lack of resources and training.

The law provides for procedural rights, such as the right to counsel,
the right to release if no timely indictment is brought, and the right
to a speedy trial. In the past, the judicial system, which was heavily
backlogged and under strong executive influence, failed to provide these
rights; however, there were some improvements during the year (see
Section 1.e.).

In late 2003, Supreme Court judges and officials who were detained by
former president Yala in 2001 were released and allowed to resume their
positions.

The four Senegalese detained in 2002 were among those released following
the September 2003 coup.

e\. Denial of Fair Public Trial

The Constitution provides for an independent judiciary; however, in the
past, the judiciary was subject to executive influence and control, and
members of the Supreme Court were appointed and often replaced by the
former President. During the year, the judiciary made major strides in
establishing its constitutional independence: The Supreme Court elected
Maria do Ceu Silva Monteiro as its Chief Justice, and in conjunction
with regional courts, began hearing case backlogs; and the Ministry of
Justice and the legal professional association reactivated the public
defender program. Despite this, judges continued to be 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.

Trials do not use juries; however, the accused are presumed innocent and
have 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 could not 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.

There were no reports of political prisoners.

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

The Constitution prohibits such actions; however, in the past, the
Government did not always respect these prohibitions in practice, and
the police did not always use judicial warrants. During the year, there
were no reports of such practices.

Section 2 Respect for Civil Liberties, Including:

a\. Freedom of Speech and Press

The Constitution provides for freedom of speech and of the press;
however, in the past, the Government frequently restricted these rights,
and opposition politicians had little or no access to
government-controlled media. There were no reports of such restrictions
during the year. In previous years, journalists practiced
self-censorship; however, there were no reports of such activities
during the year. The Government did not restrict academic freedom.

During the year, persons continued to be arrested for exercising their
right of free speech. On March 8, security forces arrested and released
Joao Vaz Mane, the Vice President of the Guinean Human Rights League
(LGDH), after Mane denounced police for beating a young man.

No action was taken against security forces who beat Indjai Dabo, the
United Social Democratic Party representative in Sao Domingos.

In addition to the government-owned newspaper No Pintcha, several
private newspapers published without restriction, including Diario de
Bissau, Fraskera, Gazeta de Noticias, Kansare, and Baloba. All
newspapers published only sporadically during the year due to financial
constraints and dependence on the state-owned printing house. The
national printing press, the only facility for publishing newspapers in
the country, often lacked the necessary raw materials.

There were several independent radio stations. National television
broadcast from 7 p.m. to midnight on weekdays and 5 p.m. to midnight on
weekends. Unlike in previous years, there were no reports that
government-controlled stations practiced self-censorship.

Unlike in the previous year, there were no reports that the Government
dismissed or arbitrarily arrested radio journalists, closed down private
radio stations, or harassed judicial authorities who defended such
stations.

Unlike in the previous year, there were no reports that the Government
ordered all media organizations to cease publication of information
relating to the LGDH, which received significant and fair media coverage
during the year.

The Internet was available in the country, and the Government did not
restrict its use.

b\. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly and association, and
the Government generally respected these rights in practice. Permits
were required for all assemblies and demonstrations. Unlike in the past,
there were no reports that the Government banned assemblies.

c\. Freedom of Religion

The Constitution provides for freedom of religion, and the Government
generally respected this right in practice. In 2003, the Ahmadiya, an
Islamic religious group expelled from the country in 2001, was permitted
to return after the Government determined that former President Yala\'s
decision to expel them had been an illegal breach of due process.
Although the Government must license religious groups, there were no
reports that any applications were refused.

For a more detailed discussion, see the 2004 International Religious
Freedom Report.

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

The Constitution provides for these rights, and unlike in the previous
year, there were no reports that the Government limited them in
practice.

The Constitution did not specifically prohibit forced exile; however,
the Government did not use it.

The law provides for the granting of asylum or refugee status in
accordance with the 1951 U.N. 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 cooperated with
the office of the U.N. High Commissioner for Refugees (UNHCR) and other
humanitarian organizations in assisting refugees and asylum seekers.
During the year, the UNHCR reported that approximately 7,700 refugees,
mostly Senegalese citizens, were in the country. More than 6,000 of
these refugees lived in villages along the country\'s northern border
where they were integrated into the local economy and largely
self-sufficient. Another 1,000 Senegalese refugees lived in camps and
received assistance from UNHCR. There also were approximately 500
Senegalese, Liberian, and Sierra Leonean urban refugees. The UNHCR
reported that the Government was tolerant of these refugees and
permitted them to engage in economic activities to support themselves.

Section 3 Respect for Political Rights: The Right of Citizens

> to Change Their Government

The Constitution provides citizens with the right to change their
government peacefully. Unlike in the previous year, when the Government
was changed by military coup, citizens exercised their right to
peacefully elect a legislature through elections on March 28.

In September 2003, the military deposed former President Kumba Yala,
who, since his election in 2000, had postponed new legislative
elections, refused to veto or promulgate a new draft constitution,
dismissed the Prime Minister, and dismissed two Supreme Court
Presidents. In October 2003, military, political, and civil society
leaders appointed Henrique Pereira Rosa as the President of a civilian
transition government. During the year, the Transition Government took
control of public finances, renewed relations with the international
community, and restored free speech and political participation.

On March 28, legislative elections were held for the 100-seat 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. On May 12, Prime Minister Gomes Junior, as head of government,
appointed a cabinet of 16 ministers and 7 state secretaries. President
Rosa remained head of state; presidential elections were scheduled for
March 2005.

On October 6, a battalion of 600 soldiers returning from a peacekeeping
mission in Liberia staged a mutiny to protest salary arrears and poor
living conditions; two officers were killed, and several were injured
(see Section 1.a.). The mutiny was launched on the day that eight
officers were due to go on trial for their alleged part in a December
2002 coup attempt against former president Yala; the trial was
postponed. In an October 10 memorandum of understanding, the Government
agreed to ask Parliament to: Grant amnesty to those involved in eight
military uprisings since 1980; and ask the President to commute the
penalties of individuals charged with attempting coups in November 2001
and December 2002. The memorandum, which specified no timeline for
proposed actions, also provided for payment of salary arrears and
improved living conditions for the military; no action had been taken on
the memorandum by year\'s end.

In 2000, voters elected former president Yala with a 72 percent
electoral majority in a runoff election following multiparty elections
in 1999. International observers, foreign diplomats, and local NGOs
considered both elections, which included candidates from 13 parties as
well as several independents, to be generally free and fair.

The 1991 Constitution remained in effect. Unlike in previous years, when
former president Yala ruled by decree, the Government generally
respected the Constitution and the separation of powers it provides. A
draft constitution to limit certain presidential powers was under
discussion; however, no action was taken on it during the year.

Government corruption was widespread at all levels.

There were no laws providing access to government information.

There were 14 women in the 100-seat ANP. The Supreme Court Chief
Justice, 3 of the country\'s 16 government ministers, and 2 of 7 state
secretaries also were women.

All ethnic groups were represented in the Government.

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; however, the Government
arrested LDGH Vice President Joao Vaz Mane during the year for
criticizing the Government (see Section 2.a.).

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

The Constitution and law prohibit discrimination on the basis of sex and
race; however, in practice, the Government did not enforce these
provisions effectively.

Women

Domestic violence, including wife beating, was an accepted means of
settling domestic disputes. 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.

There were laws against rape; however, government enforcement of those
laws was limited, in large part because of lack of resources.

FGM was practiced widely within certain ethnic groups, especially the
Fulas and the Mandinkas. The practice has increased as the Muslim
population has grown and was being performed not only on adolescent
girls, but also on babies as young as 4 months old. The Government has
not outlawed the practice; however, a national committee continued to
conduct a nationwide education campaign to discourage FGM. Both
international and domestic NGOs continued working through the national
committee to eliminate FGM.

Sinim Mira Nassique, a local NGO, has initiated 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; however, enforcement was weak.

The law treats men and women equally and prohibits official
discrimination; however, such discrimination 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 only limited resources for children\'s welfare
and education; however, unlike in previous years, primary and secondary
schools operated for most of the year, and the Government generally paid
teachers\' salaries. Public schooling was universal, compulsory until 7
years of age, and free through the 4^th^ grade. A 2003 UNDP 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 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. Some boys sent
from rural areas to attend Koranic schools in Senegal reportedly were
exploited and forced to work as street beggars 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.

The Government has not prosecuted any cases against traffickers.

Persons with Disabilities

The law does not specifically prohibit discrimination against persons
with disabilities, and the Government did not 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 Constitution 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. Most union members were government or parastatal employees;
only a small percentage of workers were in the wage sector and were
organized.

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

Unlike in the previous year, there were no arrests of union leaders.

b\. The Right to Organize and Bargain Collectively

The Constitution 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 and
draft legislation concerning labor issues. Most wages were established
in bilateral negotiations between workers and employers.

The Constitution provides for the right to strike and protection for
workers from retribution for strike activities. The only legal
restriction on strike activity was the requirement for prior notice.
Unlike in the previous year, there were no widespread strikes by public
employees.

There are no export processing zones.

c\. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, including by children;
however, there were reports that 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. These minimum age requirements
generally were followed in the small formal sector, but 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 fieldwork without pay; children generally
performed such labor to help support families or because of a lack of
educational opportunities. The Government did not take 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; however, it did not enforce them. The
lowest monthly wage was \$29.60 (14,800 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.

The law provides for a maximum 45-hour workweek; however, the Government
did not enforce this provision. During the year, the Government resumed
regularly paying its teachers, civil servants, and medical
practitioners; the Government had not paid such salaries since 2000.

With the cooperation of the unions, the Ministry of Justice and Labor
establishes legal health and safety standards for workers, which then
are adopted into law by the National Assembly; 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.