Country Report on Human Rights Practices for 1986
GUINEA-BISSAU
The Republic of Guinea-Bissau adopted a constitutional form of
government in May 1984, when the 4-year old Revolutionary
Council, established after the 1980 coup d'etat, was
abolished. Following the promulgation of the Constitution,
elections were held for the National Popular Assembly, which in
turn elected General Joao Bernardo Vieira to a 5-year term as
President of the Council of State. The 150-member Assembly
also chose the other members of the Council. Despite adoption
of the Constitution, effective control remains in the hands of
President Vieira, who serves as Head of State, Commander in
Chief, and general secretary of Guinea-Bissau's sole political
party, the African Party for the Independence of Guinea and
Cape Verde (PAIGC) .
Political opposition is forbidden. The party selects all
candidates for office, who run unopposed at all levels of
government. The 1984 Constitution nominally guarantees the
equality of all citizens, the rights of man, and the rule of
law. The Government generally accords these rights, but the
rigidity of the single party system clearly limits individual
political freedom. The Government cites national security to
crack down on activities it views as a threat to its
authority. The armed forces (FARP) are responsible for state
security, both internal and external, as mandated by the
Constitution. Persons accused of political crimes are tried by
military tribunals.
Economically, Guinea-Bissau remains one of the world's poorest
and least developed nations, dependent upon foreign aid for its
survival. The Government's post independence efforts to
exercise Soviet-style control over the economy resulted in
chronic shortages of the most basic commodities, high
unemployment, and a worthless currency. In 1986 the Government
continued reforms initiated in 1983 aimed at stimulating the
private sector, shifting ownership of the means of production
from state to private hands, and bringing the moribund economy
back to life.
The Government's human rights record was marred by several
events during 1986. Six of the 50 persons arrested in October
1985 for plotting to oust President Vieira were tried for
treason and executed in July. Another five of the accused died
mysteriously in prison while awaiting trial. Incidents of
religious persecution and suppression of freedom of the press
also occurred in Guinea-Bissau during 1986.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports of political killing.
b. Disappearance
There were no known cases of disappearance.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
Five persons accused of plotting to overthrow the Government
died in prison between February 12 and June 1, before they
could be brought to trial. The official explanation of their
deaths is that four died of natural causes, and the fifth was
shot while trying to escape. It is widely believed, however,
that four died as a result of beatings received in prison. The
families of four of the five victims were not allowed to view
the bodies. In the fifth case, the family saw the body only
from a distance, but claimed that they could see discolorations
and an indentation on the side of the head.
The Constitution prohibits cruel and inhuman punishment.
However, prison conditions are unsanitary and cramped, and
interogation methods are severe. Prisoners' families routinely
bring them food and medical supplies. Capital punishment is
forbidden in civil criminal cases but allowed in cases before
military tribunals.
d. Arbitrary Arrest, Detention, or Exile
Arrests in Guinea-Bissau are frequently arbitrary, as arrest
procedures are undefined and the use of arrest warrants is the
exception rather than the rule. Traditional law still prevails
in most rural areas. The legal system inherited from the
Portuguese colonial regime, but modified by the Constitution,
functions in the capital, Bissau, and other urban centers. It
includes important procedural rights, such as the right to
counsel and the right to a judicial determination of the
legality of detention. Bail procedures are observed
erratically. The Government has the legal right to exile
prisoners but did not do so in 1986.
There is no forced or compulsory labor in Guinea-Bissau.
e. Denial of Fair Public Trial
The judicial system is based on the Portuguese model, with some
exceptions. Intervals between arrest and trial are often
lengthy. All defense lawyers are court appointed, as private
legal practice is prohibited. The judiciary is part of the
executive branch. Trials involving state security are not open
to outside observers and are conducted by military tribunals.
FARP members are tried by military courts for all offenses.
The Supreme Court is the final court of appeal for both
civilian and military cases except those involving national
security matters, in which cases the Council of State reviews
all decisions.
Former Vice President Paulo Correia, former Deputy Minister of
Justice Viriato Pa, and four others who had been arrested in
October 1985, were charged with plotting a coup, tried before a
military court in June 1986, and subsequently sentenced to
death. They were executed by firing squad on July 17, 1986,
despite appeals for clemency by Presidents Mitterand of France
and Scares of Portugal, the Pope, Amnesty International, and
all Western Chiefs of Mission accredited to Bissau. Six others
who were sentenced to death had their sentences commuted to 15
years of hard labor. President Vieira justified the executions
as necessary to preserve national security, declaring that
former Vice President Correia had attempted a coup once before
and that all of those executed had sought to incite ethnic
divisions within the society to overthrow the Government.
Forty-five other defendants in the treason trial were sentenced
to varying prison terms.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution guarantees the inviolability of domicile,
person, and correspondence. These guarantees are not always
respected in cases of serious crimes or state security where,
for example, the use of search warrants is rare. International
and domestic mail is subject to surveillance and/or censorship.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution guarantees freedom of intellectual, artistic,
and scientific expression, with the significant exception of
cases in which these rights are exercised in a manner "contrary
to the promotion of social progress." In fact, the Government
controls all information media and views the press as a vehicle
of the party. Self-censorship by journalists is common.
However, some criticism and questioning of policies is
permitted, although never of individual officials. In June the
Government expelled a Portuguese journalist, who had written of
local corruption and human rights violations, when he refused
to reveal his sources.
b. Freedom of Peaceful Assembly and Association
The Constitution guarantees freedom of assembly and
association, and government approval is not required for
peaceful assemblies and demonstrations. However, all existing
organizations and associations are linked to the Government or
the party, including the sole labor union, the National Union
of the Workers of Guinea-Bissau (UNTG) . The UNTG is affiliated
with the Communist-controlled World Federation of Trade Unions
and is a member of the Organization of African Trade Union
Unity. Strikes, while not specifically forbidden, do not
occur. Manufacturing is extremely limited and all major
enterprises are state owned. Thus, the overwhelming majority
of salaried workers are employees of the state, and the union
is forbidden to organize these public workers.
c. Freedom of Religion
Religious freedom is guaranteed by the Constitution and has
been respected. Christians, Muslims, and animists worship
freely, and proselytizing is permitted. However, a new and
growing religious movement known as the Yanque-Yanque has
emerged and its practices have caused the Government concern.
This movement, founded a few years ago by a woman who claims to
receive visions and to have healing powers, finds its support
mainly among young Balantas (the same ethnic group from which
most of the coup plotters came) . Yanque-Yanque is a
monotheistic religion which rejects traditional animist.
Christian, and Muslim values and is charactized by unusual and
sometimes violent rituals which include the taking of a locally
produced narcotic mixture. These rituals have occasionally
caused physical harm to participants and even to individuals
outside the movement. Moreover, the Yanque-Yanque reject
modern social and economic structures including, by
implication, the Government. At this time Yanque-Yanque does
not constitute a political movement. Nevertheless, the
Government has questioned, detained, and occasionally arrested
several Yanque-Yanque leaders, often on narcotics charges. The
occasional taking of drugs, without any legal repercussions, is
a characteristic of the rituals of some other local religions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government introduced several steps to ease restrictions on
freedom of movement within the country, emigration, and foreign
travel. President Vieira abolished the network of roadblocks
set up to control smuggling, and Guinea-Bissauans can now
travel freely throughout the country. The President also made
it easier for citizens to obtain passports and, though the
Government does not encourage emigration, spoke of his
understanding of the economic conditions which have compelled
thousands to emigrate. He also invited all Guinea-Bissauans
living abroad to return home without fear of retribution.
While sympathetic to the principle of asylum, Guinea-Bissau
does not host significant numbers of refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Guinea-Bissau is led by the PAIGC party and military (FARP)
elite, headed by President Joao Bernardo Vieira. By the terms
of the Constitution, all political activity must take place
within the party/state structure. The 1984 electoral slates
for the National Popular Assembly at the district, regional,
and national levels were party-prepared lists. Write-in or
opposition candidacies were not permitted. The President,
members of the Council of State, and National Popular Assembly
deputies are elected to 5-year terms. There are provisions for
revision of the Constitution and national referendums. Change
occurs through Presidential decisions supportad by the Council
of State. No single ethnic group dominates party/government
positions, but the fact that the city of Bissau is located in a
Papel and Creole (mixed-race) inhabited zone guarantees these
two groups disproportionate representation within the
Government. Women have legal equality with men and hold some
influential jobs within the party and the Government. The
current Secretary of State for Labor and Social Security and
the President of the National Assembly are both women.
Foreigners residing in Guinea-Bissau are entitled to the same
rights as citizens, except for the right to vote and hold
public office.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
President Vieira welcomed the visit of an Amnesty International
team during the coup plot trials in June, pointing out that
such a visit would not be allowed by many African nations. The
Amnesty team, however, was tightly scheduled and had little
time for making independent contacts while in Bissau. The team
observed the trials for 1 day. President Vieira continues to
invite international delegations to visit and inspect human
rights conditions in Guinea-Bissau. There are no local human
rights groups operating in the country.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The population of Guinea-Bissau comprises diverse tribal groups,
each with its own language, customs, and social organization.
The Fula, Mandinga, Balanta, and Papel are important groups.
The underdevelopment of the country precludes any one ethnic
group from asserting itself economically or politically, as all
groups are desperately poor. Creoles enjoy a somewhat
advantageous position within the society, due to their
generally higher level of education and their links to Portugal
and Cape Verde. However, this has not resulted in economic or
political domination. President Vieira has spoken repeatedly
of the need for creating a stronger sense of nationhood. His
public statements concerning the July executions of coup
plotters reflect his belief that they were seeking to divide
the society in order to assure the domination of the Balanta
ethnic group. The Balanta group is the largest in
Guinea-Bissau but does not constitute a majority of the
population. There is no evidence of any strong dissatisfaction
among the Balanta, other than the general disaffection over
economic conditions which is common in Guinea-Bissau.
Discrimination against women, while officially prohibited,
continues within certain ethnic groups, especially the Muslim
Fulas and Mandinkas of the north and east. Among those groups
female circumcision is still practiced, despite official
prohibition and educational campaigns against this custom.
Women enjoy higher status in the societies of the Balanta,
Papel, and Biagos groups living mainly in the southern coastal
region.
CONDITIONS OF LABOR
In an overwhelmingly rural and agricultural society,
traditional division of labor practices, both between sexes and
age groups, continue to prevail. Children in all rural
communities work in the fields and at home for no pay. The
Government does not attempt to discourage this practice and, in
fact, delays the opening of schools until the rice-planting
season has ended. Even in the small modern sector, labor laws
are ill-defined and unevenly enforced in Guinea-Bissau, due
primarily to the extreme economic underdevelopment of the
society. However, there are government regulations covering
such matters as job-related disabilities and vacation rights;
and the Government is soon expected to approve the draft of a
new labor code, which will set a minimum age of 14 for general
factory labor and of 18 for heavy or dangerous labor, including
all labor in mines. The normal work week is 39 hours. There
is no minimum wage.
