Country Report on Human Rights Practices for 1990
GUINEA
Under President Lansana Conte, Guinea has been governed by the
Military Committee for National Recovery (CMRN) and a joint
military and civilian Council of Ministers since 1984. The
regime, which came to power following the 26-year rule of
Sekou Toure, suspended the constitution and rules through
ordinances, decrees, and decisions issued by the President and
ministers. On December 23, Guineans voted overwhelmingly to
adopt a constitution which provides for an interim period of
mixed military/civilian administration, not to exceed 5 years,
leading to an elected presidential system of government, with
two political parties, a unicameral legislature, and strict
separation of powers. The President announced at the end of
1990 that the CMRN would be replaced in early 1991 by a joint
civilian/military council as the first step toward applying
the new Constitution.
Military and paramilitary forces number about 17,000 persons
(although accurate figures are difficult to obtain), with the
army consisting of some 10,000 officers and soldiers. The
2,000-man National Guard (Gendarmerie Nationale) , a police
force, and a well-armed presidential guard provide internal
security. Both the military and police have committed human
rights abuses.
Eighty percent of Guinea's population of 7 million is
dependent on subsistence agriculture. Per capita annual
income is estimated to be as low as $300. Mineral resources,
mainly bauxite, diamonds, and gold, are the major exports.
Under President Conte, Guinea's economic reform program is
attempting to reduce the size of the civil service, the main
employer, by 50 percent and diversify the small salaried work
force, primarily through the creation of producers'
associations and cooperatives and the promotion of foreign
investment. However, these efforts have left recent
university graduates without jobs, especially in the public
sector, a sinecure under the old regime. In 1990 there was
growing government concern over labor and student unrest.
Human rights remained circumscribed in 1990. Major concerns
were the Government's failure to curb abuses by poorly
disciplined security forces and arbitrary arrest, absence of
due process, restrictions on freedoms of speech, press,
assembly, and association, and on the right of citizens to
change their government through democratic means.
Acknowledging these concerns, especially those in the
political sphere, the Government widely publicized in 1990 the
new draft constitution, prepared by a committee of 50 persons
drawn from all sectors of educated Guinean society. The new
Constitution provides for many basic rights, including a
prohibition on torture and protection against arbitrary
arrest. The Government issued a general amnesty in 1990 for
all Guineans convicted of political crimes.
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 politically motivated killings in
Guinea in 1990. Police killed several persons in putting down
civil unrest and rioting following a strike (Section 6. a.) and
student disorders in November and December (Section 2.b.).
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Constitution prohibits torture and cruel, inhuman and
degrading treatment. The military Government continued in
1990 to denounce the human rights atrocities of the former
Toure dictatorship and publicly proclaimed its support of the
1965 penal code, which forbids torture and abuse of
authority. However, mistreatment of detainees continued and
frequently involved severe beatings. The police and soldiers
are widely perceived by the public as using excessive force.
Officials who commit such abuses are rarely punished; there
were no known instances of punishment in 1990.
In late 1989 six Conakry residents were arrested for
distributing tracts produced by an opposition group located
outside the country. Reliable sources indicate that two of
the six were beaten while in custody, and the six, including
Mohamed Ali Bangoura, a newspaper distributor, left the
country after spending a short time in custody in Conakry. In
February 1990, responding to a complaint from Amnesty
International, the Government officially denied that the
incident had occurred.
d. Arbitrary Arrest, Detention, or Exile
Ineffective administrative controls and limited legal recourse
make arbitrary arrest a persistent threat to Guineans . Under
the law, arresting authorities may hold a suspected criminal
incommunicado for 48 hours, or 96 hours if an extension is
granted by a tribunal. The detainee has the right to counsel
only after appearing before a judge. Political detainees,
such as those held after the 1985 coup attempt, have been held
incommunicado and without charge for much longer periods.
Some were held for as long as 2 1/2 years. In recent years,
political detainees have reportedly been held incommunicado
for a few days.
A system of bail for those accused of less serious crimes, as
defined by the presiding judge, is available at the judge's
discretion. In practice, despite presidential admonitions and
campaigns in the government-owned media against corruption and
harassment of citizens, security elements used arbitrary
detention as a means of extortion. Police and National Guard
officers, for example, used nightly roadblocks to harass or
arrest persons in an effort to extort money.
Over 2 million Guineans fled the Sekou Toure regime. The
Government has encouraged expatriate Guineans to return home,
and many continued to do so. The general amnesty announced in
February applied to Guinean exiles as well to people still in
the country (see Section I.e.). Significant numbers of
Guineans still live in neighboring African countries and in
France.
e. Denial of Fair Public Trial
Although Guinean law provides guarantees of due process,
administrative inefficiencies, corruption, and personnel
deficiencies make the administration of justice erratic. The
Guinean penal code provides for the presumption of innocence
of accused persons, the independence of judges, the equality
of citizens before the law, the right of the accused to
counsel, and the right to appeal a judicial decision. The
judiciary is susceptible to influence by the executive;
however the new Constitution affirms the judiciary's
independence.
The judiciary includes the courts of first instance (or
justices of the peace at the local level) and two Courts of
Appeal (one in Kankan, one in Conakry). The Court of Assizes,
which is supposed to meet whenever there is a sufficient case
load, convened in 1990 for the first time since 1988,
effectively I'eaving some defendants in prison for 3 years
without trial. The Court of Annulment is the Guinean court of
last appeal. A special Court of State Security was created in
1985 to try those allegedly involved in the July coup
attempt. Guinean law provides for a Court of State Security
under certain circumstances, but it has not met since 1985. A
Military Tribunal prepares and adjudicates charges against
accused military personnel but, to ensure equality before the
law, since 1988 all judgments regarding violations under the
penal code are rendered by civil courts. Trials are public.
Those accused of major crimes have the right to an attorney at
public expense if they cannot afford counsel; those accused of
less serious crimes may appeal to the Bar Association for free
legal counsel, although many remain unaware of this
possibility. About 35 lawyers are accredited with the Bar
Association and are engaged in private practice.
The administration of justice is plagued by numerous
problems: The insufficient number of magistrates, who are
often poorly trained; an outdated and overrestrictive legal
code; and corruption. There are also allegations of nepotism
in the administration of justice, with relatives of
influential members of the Government virtually immune from
the law. The Customs Service, the Central Bank, and the Army
have all been involved in significant scandals in 1989-1990.
There is a traditional system of justice at the village or
urban neighborhood level where litigants present their civil
cases before a village chief, neighborhood chief, or council
of wise men for judgment. Justice is not enforced uniformly.
For example, burglars caught in urban areas are sometimes
beaten to death by victims and their neighbors with the tacit
approval of police authorities. Authorities have publicly
condemned such summary justice, but neither police nor
citizens have been tried and punished for it. The dividing
line between the formal and traditional justice systems is not
clearly defined, and a case may be referred from the formal to
the traditional system to ensure compliance with the judicial
ruling by all parties. Conversely, if a case cannot be
resolved to the satisfaction of all parties in the traditional
system, it may be referred to the formal system for
adjudication.
In 1990 the Government continued to receive extensive
criticism for its secretive handling of those tried by the
State Security Court and the Military Court in 1986 for
alleged involvement either with the former Toure regime or the
July 1985 coup attempt. In response to such criticism, the
Government announced on February 16, a new general amnesty for
all Guineans convicted of political crimes; it also ordered
the restitution of all property seized from persons involved
in the attempted coup of July 1985. It did not, however, give
the names of the persons released in 1990 (or in the 1987 and
1988 amnesties), and the fate of others remained unknown at
the end of 1990. The amnesty did not restore property seized
by the Government following the April 1984 coup.
The number of political prisoners held at the end of 1990 was
unknown. Three Guineans were arrested in N'Zerekore in August
following distribution of political tracts critical of the
Government. Two were convicted of violating laws on
publications, sentenced to 3 months in prison, and released;
one was convicted of fraud as well, having entered Guinea on
false papers, and was sentenced to 18 months in prison.
Guinean officials have informed diplomatic and international
human rights observers that there are no longer any political
detainees or prisoners held in Guinea, implying that all those
imprisoned for their connection with the 1985 coup have been
released.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government stresses traditional family values and the
inviolability of the home, but unwarranted interference in
citizens' lives continues, primarily through police
harassment. Security officials are known to monitor mail and
telephone calls.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government has publicly stated that it supports free
speech and a free press, and the new Constitution promises an
unspecified degree of freedom of expression, subject to
limitation by law and regulation. However, citizens do not
generally feel free to express public criticism of the
Government, although criticism of government officials is
heard in private discussions.
The Government owns and operates the news media, and reporters
(who are government employees) practice self-censorship. In
1990 investigative reporting focused on social ills and
unscrupulous commercial practices (a favorite target of
official criticism) , but no criticism of the senior levels of
government or established policies was aired. The press
provided only limited and biased coverage of the teachers'
strike in March and subsequent civil unrest. No footage of
violent confrontations between security forces and
demonstrators was broadcast, and no mention of the casualties
inflicted by security forces was made (see Section 6.a.). The
Ministry of Information, Culture and Tourism continues to act
both as administrator and censor of the media. At least one
group applied for a permit to publish an independent
newspaper; they had not received a response by the end of
1990. Publications that incite crime or are contrary to good
morals are prohibited, as are insult, defamation, and libel.
Several signed political tracts that included specific
criticisms of the President and other officials were
distributed widely in Conakry and other Guinean cities. Ba
Mamadou, a former exile now living in Conakry condemned to
death in absentia by Toure for criticizing his regime, wrote a
series of tracts criticizing the Government for its failure to
combat corruption and abuse of authority and for its excessive
secrecy. The official government newspaper responded to these
widely read tracts with several editorials defending the
Government and attacking Ba. Clandestine tracts were also
common and sometimes provoked a harsh response from the
Government.
Foreign publications, some of which include criticism of the
Government, circulate freely in Guinea. There is no attempt
to interfere with foreign radio broadcasts.
b. Freedom of Peaceful Assembly and Association
Public gatherings may take place only with the approval of the
Government. The Guinean penal code bans any meeting that has
an ethnic or racial character or any gathering "whose nature
threatens national unity." The Government encourages the
formation of nonpolitical professional organizations, and
their numbers continue to increase.
Protopolitical groups, including discussion groups, and
nascent human rights organizations were active in Conakry in
1990. Their membership has so far been drawn for the most
part from a small number of intellectuals in Conakry; the
groups' impact has been reduced both by their limited access
to the media and by public reticence about open participation
in such organizations.
There was considerable student unrest in 1990 over
school-related conditions regarding dormitories, libraries,
campus security and food. Police used deadly force to
suppress a student demonstration in November. The Government
acknowledged that one student was killed; the Guinean
Organization for Human Rights (OFDH) said that at least two
others were killed by security forces. In early December, at
least two students were killed when police dispersed
demonstrators. The Government reported that one was shot by
security forces, and the other was shot by another student.
Students dispute the Government's account. There were no
known investigations into these incidents by year's end.
c. Freedom of Religion
Large religious groups enjoy religious freedom and tolerance,
but the Government and the quasi-governmental National Islamic
League (LIN) have spoken out against the proliferation of
"pseudo-sects (within Guinean Islam) generating confusion and
deviation." The President has declared that the LIN is the
only organization with responsiblity for coordinating the
observance of Islam in Guinea. Although an estimated 85
percent of the population is nominally Muslim, there is no
official state religion. The Government observes major
Christian and Muslim holidays. Foreign missionaries, both
Catholic and Protestant, operate freely in Guinea. The
state-owned radio and television stations have given air time
to Billy Graham crusades and provide regular slots for both
Muslim and Christian broadcasts.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Guineans are free to move about the country and change their
place of residence and work, although in practice they face
harassment by police and military roadblocks, particularly at
night. It is common for citizens to pay bribes to avoid
police harassment. Foreign travel is permitted, although the
Government retains the ability to limit it for political
reasons
.
The Government in the past has restricted the freedom of
movement of individual citizens for political reasons. For
example, the 67 persons granted amnesty at the end of 1987
were restricted to their area of origin following their
release from prison, although this restriction was lifted as a
result of the 1990 amnesty.
More than 300,000 Liber ians sought refuge in Guinea in 1990,
principally in the Guinea forest region. The Government
worked closely with the United Nations High Commissioner for
Refugees (UNHCR) and many other international and
nongovernmental organizations to provide food and shelter for
the refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens are unable to change their government through
democratic procedures. The military Government suspended the
Constitution and banned political parties and formal political
activity when it took power in April 1984. The new
Constitution, adopted by referendum in December, provides for
a transitional period, not to exceed 5 years, of mixed
military/civilian stewardship leading eventually to a
two-party, presidential system of government with a unicameral
legislature and strict separation of powers. Some structures
of the future government such as the those of the judiciary
will be determined during the transitional period.
There were allegations of abuse of voting procedures at
several polling places in the constitutional referendum and
results from several prefectures were altered. Nevertheless,
most informed observers agreed that those irregularities did
not significantly affect the result.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are at least three nascent human rights organizations in
Conakry that have begun to publicize their concerns about some
human rights issues, including rehabilitation of the victims
of Sekou Toure's oppression. In June an independent
organization calling itself the Guinean Organization for Human
Rights applied to the Government for official recognition. It
had not yet received a response by the end of 1990. The group
prepared and distributed declarations criticizing the
Government's human rights performance without reprisals from
the Government. No effort was made to interfere with the
group's meetings, but in November the Government responded
with its security forces to the group's attempt to hold a
demonstration protesting the Government's handling of unrest
at the university and detained some members of the
organization for up to 3 days. In 1990 senior Government
officials met with representatives of the International
Committee of the Red Cross concerning humanitarian issues,
including possible prison visits.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While racial or ethnic discrimination is prohibited by the
penal code, ethnic identification is strong in Guinea, and
mutual suspicion affects relations across ethnic lines within
and outside the Government. Official government policy is to
include representatives of all major ethnic groups in the
Government, but the Soussou ethnic group, to which President
Conte belongs, tends to predominate at the highest, most
influential levels. A disproportionate number of police are
Malinke, former President Toure ' s ethnic group. Clandestinely
circulated opposition tracts frequently play on ethnic
tensions to stir resentment against the Government. Many of
those who disappeared after the 1985 coup came from the
Malinke ethnic group. There is still awareness of caste in
traditional environments, but there is no significant
discrimination against slave castes in public life.
In rural Guinea, opportunities for women are limited by custom
and the traditional demands of subsistence farming. The
Government has affirmed the principle of equal pay for ec[ual
work, but in practice women receive less pay than men in most
jobs.
Violence against women, mainly wife beating, is prohibited
under criminal law and is a ground for divorce under civil
law. However, police rarely intervene in domestic disputes,
and prosecution of wife beaters is infrequent. Health workers
in Guinea state that wife beating exists, but they differ in
their opinions on the extent cf the problem. The issue has
not received significant publicity or government attention.
Female genital mutilation (circumcision) is practiced among
all religious groups in Guinea: Muslims, Christians, and
animists. According to Western health workers, the practice
is widespread among Guineans, although the current generation
of young parents is more reluctant to observe this custom.
Grandmothers will frequently see to the circumcision of a
granddaughter even when the parents are opposed. The most
dangerous form of circumcision, inf ibulation, is not practiced.
Section 6 Workers Rights
a. The Right of Association
The National Confederation of Guinean Workers (CNTG) is funded
by the State, and all of Guinea's salaried workers (many of
whom are civil servants) are members. While the CNTG is
technically independent, critics charge that its leadership
remains closely tied to the ruling Military Council and
refuses to uphold the union statutes drafted following the
CNTG's declared independence from the Government. However, an
evolution now appears to be taking place within the CNTG
toward a more representative organization based on collective
action.
Guinea's new labor code, drafted with the assistance of the
International Labor Organization (ILO) and promulgated in
January 1988, states that all workers have the right to create
and participate in organizations that defend and develop their
individual and collective rights as workers. The code also
provides that workers have the right not to be a member of
such organizations. Further, it stipulates that a union must
be independent of political parties to be recognized as
representative of workers. The code requires elected worker
representatives for any enterprise employing 25 salaried
workers. At the end of 1990, it was not clear to what extent
the new labor code was being fully implemented.
The code also grants salaried workers the right to strike 10
days after their representative union makes known their
intention to strike. Many CNTG locals showed increased
impatience with eroding purchasing power in 1990. A teachers'
strike over extremely low wages in March sparked civil unrest
in which the police killed several rioters, none of whom was a
striking teacher. The Government promised teachers and other
workers a significant salary hike following the strike, which
was later fulfilled. Bank workers, electric workers, workers
at the CBG bauxite mine, and workers at the Entag cigarette
factory also went on strike, most often successfully. The
CNTG belongs to the Organization of African Trade Union Unity.
In its 1989 report, the ILO's Committee of Experts (COE)
commended the Government for the new labor code, but observed
that the law still permits either party to invoke compulsory
arbitration, a practice that could limit the right to strike,
according to the Committee.
b. The Right to Organize and Bargain Collectively
Under the new code, representative workers' unions or union
groups may organize the workplace and negotiate with employers
or employer organizations. Union delegates are to represent
individual and collective claims and grievances before the
employer
,
Work rules and work hours established by the employer are to
be developed in consultation with union delegates. Individual
workers threatened with dismissal or other sanctions have the
right to a hearing before the employer with a union
representative present. Employers must give advance notice of
any plan to reduce the size of their work force for economic
reasons.
In practice, CNTG representatives take the lead in
labor/management talks. Collective bargaining has taken
place; notably in the resolution of a series of strikes in
1990. There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The labor code specifically forbids forced or compulsory labor
which is not practiced. The COE at its 1990 session again
noted the Government's stated intention to revise or repeal
various obsolete laws to bring them into compliance with ILO
conventions on forced labor.
d. Minimum Age for Employment of Children
The minimum age for employment in practice as well as in the
new code is 16 years of age. Apprentices, however, may be as
young as 14 years old. Workers and apprentices below age 18
are not permitted to work at night or more than 12 consecutive
hours or on Sundays. According to the labor code, the
Minister of Labor and Social Affairs must maintain a list of
occupations in which women and youth under age 18 may not be
employed. Enforcement of the Ministry of these provisions is
limited to the modern sector of the economy. Children of all
ages work on family farms.
e. Acceptable Conditions of Work
The Government has not yet enacted minimum wage legislation,
but the labor code provides for the eventual establishment by
decree of a guaranteed minimum hourly wage. There are also
provisions for overtime and night wages which are fixed
percentages of the regular wage. Wages currently paid the
average worker in the public sector, about $70 a month, are
generally not sufficient to provide a decent standard of
living, and workers must often rely on some subsistence
agriculture or the extended family for additional assistance.
The average wage rate of a worker in the mining sector is
higher, about $160 per month, which does afford a satisfactory
standard of living.
According to the code, regular work is not to exceed 10-hour
days or 48-hour weeks, with a 40-hour workweek being the
norm. The minimum weekly day of rest must be 24 consecutive
hours, usually on Sunday. Every salaried worker has the right
to an annual paid holiday accumulated at the rate of at least
2.5 workdays per month of service. Several articles of the
code provide for safe working conditions and the continued
good health of workers, and labor inspectors are empowered to
suspend work immediately in dangerous situations. These as
yet represent goals rather than the practice and are not
enforced. The Ministry of Labor and Social Affairs is
supposed to enforce labor standards. Labor inspectors
acknowledge that they can not even cover Conakry with their
small staffs and meager budgets; at the same time, major parts
of the code are also alleged to be stifling to businesses and
inhibitive to foreign investors.
