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Title: Guinea-Bissau Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
GUINEA-BISSAU
The Republic of Guinea-Bissau held its first multiparty elections in
1994, electing Joao Bernardo Vieira President. Vieira had ruled the
country since taking power in a 1980 coup. He is also president of the
African Party for the Independence of Guinea-Bissau and Cape Verde
(PAIGC), the only legal political party from independence in 1974 until
the 1991 adoption of a multiparty constitution. The PAIGC holds 62 of
the 100 seats in the National Assembly where 4 other parties are
represented. The Constitution provides for an independent judiciary.
The police, under the direction of the Ministry of Internal
Administration, have primary responsibility for the nation's internal
security. The armed forces are responsible for external security and
may be called upon to assist the police in internal emergencies. The
police were responsible for human rights abuses.
The population of 1 million relies largely upon subsistence agriculture.
Annual per capita gross domestic product is estimated at $200. The
economic situation deteriorated this year, with the inflation rate
rising to over 50 percent. The country is burdened by a heavy external
debt and has inadequate tax revenues.
Political pluralism brought about greater transparency. However, the
overall human rights situation did not improve appreciably during the
year. Police continued to engage in arbitrary detention, physical
mistreatment, and other forms of harassment. The Government did not
punish any members of the security forces for these abuses. Prison
conditions remained poor, and prolonged detention and a lack of due
process continue. Journalists continue to practice self-censorship
Discrimination against women, and violence and discrimination against
women and children are problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
The 1992 death of Ussumane Quade, an army officer beaten to death while
in police custody, remains unresolved. Human rights monitors continued
to press for a thorough and impartial investigation of his death,
ostensibly a suicide, but police have refused to cooperate.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits cruel and inhuman punishment, and evidence
obtained through torture or other coercion is invalid. However, the
Government often ignores these provisions. Security and police
authorities have historically employed torture and abusive interrogation
methods, usually in the form of severe beatings or deprivation. The
Government rarely enforces provisions for punishment of abuses committed
by security forces.
Two policemen were accused of rape in July. The case was discussed in
the National Assembly and widely publicized in the press. However, the
accused police officers had not been formally charged or tried by year's
end. Human rights monitors report other incidents in which police
accused of rape or mistreatment of prisoners have not been prosecuted.
Prison conditions are poor, but generally not life threatening. The
Human Rights League has offered to pay for prison improvements, but the
Government has denied them access.
d. Arbitrary Arrest, Detention, or Exile
The legal system 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 practice, the judicial system generally
fails to provide these rights.
Police detain suspects without judicial authority or warrants,
occasionally through the device of house arrest. The Government holds
detainees without charge or trial for extended periods of time,
sometimes incommunicado.
Human rights monitors estimate that pretrial detainees arrested without
warrants and imprisoned without charge make up more than 90 percent of
the prison population. The authorities do not routinely observe bail
procedures.
There were no known cases of forced exile.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, but
judges, who are poorly trained and poorly paid, are sometimes subject to
political pressures and corruption.
Trials involving state security are conducted by civilian courts.
Military courts try only cases of a military nature. The Supreme Court
is the final court of appeal for both civilian and military cases. The
President has the authority to grant pardons and reduce sentences.
Despite its problems, the judicial system is sometimes capable of
providing a fair trial, even in controversial cases. Several policemen
were convicted of being accomplices to armed robbery in September and
were awaiting sentencing at year's end.
Citizens who cannot afford an attorney have the right to a court-
appointed lawyer.
Traditional law still prevails in most rural areas, and urban dwellers
often bring judicial disputes to traditional counselors to avoid the
costs and bureaucratic impediments of the official system. Police often
resolve disputes.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of domicile, person, and
correspondence, but the Government does not always respect these rights.
The authorities examine international and domestic mail, the security
forces seldom use judicial warrants, and the police sometime force entry
into private homes.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press, but
journalists continue to practice self-censorship.
One independent newspaper suspended publication for economic reasons,
leaving only one regularly published independent newspaper, which
nevertheless expressed strong criticism of the Government. Joao de
Barros, former publisher of a defunct opposition weekly, was arrested
and mistreated while attempting to depart the country in March.
Two private radio stations began broadcasting in Bissau, bringing the
total to four.
Academic freedom is observed in schools and research institutions.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and association.
Government approval is required for all assemblies and demonstrations.
All such requests have been granted. Various opposition parties held
legal political rallies during the year.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice. While religious groups must be
licensed by the Government, none have been refused. Various faiths,
including Jehovah's Witnesses, commenced missionary operations during
the year.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Government does not restrict movement within the country and
generally does not restrict foreign travel and emigration. Passports
are issued by the Minister of Internal Administration. Citizens are
guaranteed the right to return and are not subject to political
revocation of their citizenship. There are no provisions for asylum.
The number of refugees grew to 25,000 due to heightened conflict in
Senegal's Casamance region. The Government has asked the U.N. High
Commissioner for Refugees to move the Casamance refugees further from
the border area, but refugees generally resist this proposal.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
In 1994 voters were able to freely choose their government for the first
time in the nation's history. The PAIGC retained power in elections
judged to be free and fair by international observers, although they
acknowledged irregularities. Local elections have not yet been
scheduled. The independent National Commission of Elections has been
absorbed by the Ministry of Internal Administration.
Women are underrepresented in the political process. Eight of the 100
National Assembly Deputies are women, and there is a women's caucus that
cuts across party lines. Only 2 of 25 Cabinet members are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government did not interfere with the Guinea-Bissau Human Rights
League and international human rights groups which continued to
investigate human rights abuses objectively. The League's planned
conference on police and prison reform was cancelled for the second
consecutive year due to the Government's refusal to allow police to
attend. The Government denied the Human Rights League access to
prisoners.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution and law prohibit discrimination on the basis of sex,
race, and religion. In practice, however, these provisions are not
effectively enforced.
Women
Physical violence, including wife beating, is an accepted means of
settling domestic disputes. While police will intervene in domestic
disputes if requested, the Government has not undertaken specific
measures to counter social pressure against reporting domestic violence,
rape, incest, and other mistreatment of women.
Discrimination against women persists although officially prohibited by
law. Women are responsible for most work on subsistence farms and have
limited access to education, especially in rural areas. Women do not
have equal access to employment. Among certain ethnic groups, women
cannot own or manage land nor inherit property.
Children
The Government allocates only limited resources for children's welfare
and education.
Female genital mutilation (FGM), which is widely condemned by
international health experts as damaging to both physical and
psychological health, is widely practiced within certain ethnic groups,
especially the Fulas and Mandinkas. Despite official prohibition of
this practice, the Government has not taken
effective action to halt FGM.
People with Disabilities
There is no legislation mandating accessibility. The law does not
specifically prohibit discrimination against people with disabilities,
and the Government does not ensure equal access to employment and
education. The State has made some efforts to assist disabled veterans
through pension programs, but these programs do 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. However, the vast majority of the
population works in subsistence agriculture. Most union members are
government or parastatal employees; only a small percentage of workers
are in the wage sector and are organized.
The Government registers all labor unions. There are 11 labor unions
registered and operating. All unions are officially independent of the
Government, but seven unions are affiliated with the National Trade
Union Confederation (UNTG), which retains close informal ties with the
PAIGC. The law does not favor UNTG-affiliated unions over others. The
Constitution provides for the right to strike and protection from
retribution against strike activities.
The only legal restriction on strike activity is the requirement for
prior notice. Legal strikes were conducted by several unions, with no
retribution against the strikers. Several other labor disputes were
resolved via nonbinding arbitration conducted by unions or the Ministry
of Public Works, Civil Service, and Administrative Reform.
All unions are free to affiliate freely with national confederations and
international labor organizations of their choice.
b. The Right to Organize and Bargain Collectively
The Constitution does not provide for or protect the right to bargain
collectively, and there were no instances of genuine collective
bargaining. Most wages are established in bilateral negotiations
between workers and employers, taking into consideration the minimum
salaries set annually by the Government's Council of Ministers.
The Government's provision for the protection of workers against
antiunion discrimination has very little effect due to low union
membership. The Government adopted no laws to establish penal sanctions
against employers practicing such discrimination. This practice is not
widespread.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is not permitted by law, and is not known to
exist. Judicial action is pending against an individual accused of
coercing labor during the year.
d. Minimum Age for Employment of Children
The General Labor Act of 1986 established a minimum age of 14 years for
general factory labor and 18 for heavy or dangerous labor, including all
labor in mines. These minimum age requirements are generally followed
in the small-wage sector, but the Ministry of Civil Service and Labor
does not enforce these requirements in other sectors. Children in
cities often work in street trading, and those in rural communities do
domestic and field work without pay. The Government does not attempt to
discourage these traditional practices.
e. Acceptable Conditions of Work
The Government's Council of Ministers annually establishes minimum wage
rates for all categories of work but does not enforce them. The lowest
monthly wage is less than $25 (450,000 pesos). This wage is inadequate
to maintain a minimum standard of living, and workers must supplement
their income through other work, reliance on the extended family, and
subsistence agriculture. The maximum number of hours permitted in a
normal workweek without further compensation is 45, but the Government
does not enforce this provision.
The Ministry of Civil Service and Labor establishes legal health and
safety standards for workers, with the cooperation of the unions, which
are then adopted into law by the National Assembly. However, these
standards are not enforced, and many persons work in conditions which
endanger their health and safety.
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