Experts of the Human Rights Committee Welcome Guinea-Bissau’s Law Regulating the Judiciary, Raise Questions on the Prevalence of Female Genital Mutilation and Allegations of Torture by Law Enforcement
The Human Rights Committee today concluded its consideration of the initial report of Guinea-Bissau on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts welcoming the adoption of a law which regulated the registry of the judiciary and the Prosecutor’s Office, while raising questions about the high rates of female genital mutilation in the country and allegations of torture by law enforcement.
A Committee Expert said the Committee welcomed the adoption of law 5/2018 which regulated the registry of the judiciary and the Prosecutor’s Office, including provisions on the remuneration of judges. This step had the potential to increase the transparency of financial administration in the justice sector. Questions were asked about its implementation
Another Committee Expert said unfortunately, rates of female genital mutilation were alarming: 50 per cent of women throughout the country had undergone the practice, and in the Gabu region, the levels were 95.8 per cent of women and 73.2 per cent of girls. What measures was the State party taking to enforce its laws, to promote reporting, and to increase cases of prosecution for female genital mutilation? What support, including shelter and legal, medical and psychosocial support, did the State party provide to victims? What measures were being taken to improve the knowledge of health workers on female genital mutilation so that they could better assist victims?
One Expert said despite the inclusion of a provision on torture in the Criminal Code, the Committee continued to receive many reports on acts of torture in practice. What mechanisms were in place to ensure the effective enforcement of the prohibition of torture and other forms of cruel, inhuman or degrading treatment? Was there any available information on the impact of human rights training provided to judges, prosecutors, and law enforcement and security personnel? Did the State party still have the intention to ratify the Optional Protocol to the Convention?
The delegation said female genital mutilation was criminalised in Guinea-Bissau’s criminal law, but the State faced many challenges in this area. There was a low level of complaints, as people were unaware of the criminalisation of the practice. Human rights organizations were trying to raise people’s awareness about the consequences of the practice on the health of the victims. The judicial branch received complaints and investigations were conducted. There were many outstanding cases concerning female genital mutilation and human trafficking in the legal system.
The delegation said in 2013, there were serious conditions in certain prisons which were not aligned with the minimum standard for the treatment of prisoners. Complaints of torture and acts of aggression against inmates by prison officers had been received. The situation had been compounded by the rape of a female prisoner who fell pregnant. To tackle the situation, a Commission was established and the perpetrators were identified and suspended without pay. Such dissuasive measures stopped prison guards from committing these acts against prisoners, and the State had received no such further reports. Currently Guinea-Bissau was aiming to find funding to build a new modern prison which met universal standards.
Introducing the report, Degol Mendes, General Director of the Justice Policy of Guinea-Bissau and head of the delegation, said that after independence in 1973, Guinea-Bissau experienced periods of one-party rule, and historical periods marked by uncertainty, advances and setbacks. The Constitutional reforms of 1991 laid democratic foundations, putting an end to the single party system, and enshrining political and economic liberalisation, and fundamental rights. Despite darker moments in the country’s history, including the coups d’état, there was an unwavering commitment by the State to build a societal covenant based on the values of dignity and the rule of law.
In concluding remarks, Mr. Mendes thanked the Committee for the constructive dialogue over the past two days. The dialogue had been enriching and given Guinea-Bissau an opportunity to improve the implementation of human rights in the country.
Changrok Soh, Committee Chairperson, thanked Guinea-Bissau for the active engagement throughout the review. The State party was commended for submitting its initial report, which marked an important step in advancing the protection of civil and political rights. It was hoped the constructive dialogue would lead to meaningful reforms which brought the State’s legal and institutional framework into closer alignment with its obligations under the Covenant.
The delegation of Guinea-Bissau was made up of representatives of the Ministry of Interior and Public Order; the Director of the Justice Policy; the President of the National Human Rights Commission; the Director of study and internal partnership; and the Permanent Mission of Guinea-Bissau to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-fourth session is being held from 23 June to 17 July 2025. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Monday, 30 June, to begin its consideration of the fourth periodic report of North Macedonia (CCPR/C/MKD/4).
Report
The Committee has before it the initial report of Guinea-Bissau (CCPR/C/GNB/1).
Presentation of Report
DEGOL MENDES, General Director of the Justice Policy of Guinea-Bissau and head of the delegation, said that after independence in 1973, Guinea-Bissau experienced periods of one-party rule, and historical periods marked by uncertainty, advances and setbacks.
The constitutional reforms of 1991 laid democratic foundations, putting an end to the single party system, and enshrining political and economic liberalisation, and fundamental rights. The electoral system was tasked with the sovereign role of deciding the country's destiny through fair, free and transparent elections. Despite darker moments in the country’s history, including the coups d’état, there was an unwavering commitment by the State to build a societal covenant based on the values of dignity and the rule of law.
The Constitution of Guinea-Bissau recognised the freedom of citizens to form associations, trade unions, religious organizations and political parties. There was no authorisation required to form a political party, merely registration at the Supreme Court of Justice. The National Commission for Human Rights and Citizenship was created in 2009, with the mission to contribute to the promotion and protection of human rights, as well as to act as a body for monitoring an investigation on human rights matters. In 2021, the Government opened a separate budget line for the Commission, enabling it to carry out its activities with greater autonomy.
In 2022, the Government adopted the national strategy for human rights and citizenship 2022-2026 and its respective action plan, with strategic axes based on the national human rights system. In November 2024, the Government approved new statutes for the National Commission for Human Rights and Citizenship to improve the legal framework and bring the provisions into line with the Paris Principles. In line with the implementation of the strategy, the draft statutes of the Ombudsman's Office were being finalised. Last May, the Government organised Candonga da Justiça, an initiative which aimed to bring justice services to vulnerable groups through birth registration, the provision of legal advice, and awareness raising.
In the field of crime prevention and combatting corruption, Guinea-Bissau had drawn up and adopted the national integrated plan for combatting organised crime and risk reduction, the national strategy for combatting corruption, and the strategic plan for combatting corruption called the "Public Prosecutor's Office - Citizen's Eye", among others. Various specialised institutions were responsible for preventing corruption, and the Asset Recovery Office had been created to promote financial investigation in parallel to criminal investigation with a view to freezing, confiscating and recovering assets of illicit origins.
The Government was working on expanding the judicial structures, namely the construction of the House of Justice at Buba, the construction of the Provincial Directorate of the Judicial Police in Bafatá and Catió, and the installation of the Regional Court in Cacheu. Several pieces of legislation were in place to ensure the protection of the environment, including the basic environmental law, the plastic bags law, and the mines and minerals law, among others.
The principle of equality and non-discrimination in the Constitution established equality between men and women before the law and in all areas of political, economic, social and cultural life. Additionally, various instruments and reforms had been adopted, including the parity law, the national policy for gender equality and equity, the law against human trafficking, the law to combat female genital mutilation, and the law against domestic violence.
To strengthen the protection of people vulnerable to trafficking, the Government had ordered a ban on international adoption, adopted the national plan for preventing and combatting human trafficking, and drawn up the Code for the Comprehensive Protection of Children. In partnership with the United Nations High Commissioner for Refugees, the Government had carried out the integration of long-term refugees, granting them birth registration and identity cards. In addition to reforms to the legal framework, work was underway to upskill judicial officials. Mr. Mendes extended thanks to United Nations entities for support and said Guinea-Bissau was committed to working with the Committee to strengthen human rights in the country.
Questions by Committee Experts
A Committee Expert said the Committee supported Guinea-Bissau’s journey for independence. What were the main significant developments in the legal and institutional frameworks within the human rights sphere, which had taken place since the ratification of the Covenant? Did the national legal order give precedence to the provisions of the Covenant over national laws? Could information be provided on the application of the customary legal system, and how it complied with the Covenant, providing examples of cases in which the Covenant had been invoked or applied by national courts? What measures were being taken to raise awareness of the Covenant among judges, prosecutors, lawyers, and the general public?
It was noted that Guinea Bissau was achieving a progressive reduction in the child mortality rate. However, the maternal mortality rate was estimated in 2014 at 900 per 100,000 live births, one of the highest in the world. The neonatal mortality rate was also considered to be the higher than in the countries of West Africa and Sahara Africa. Progress in achieving good maternal health was limited because of the constraints imposed on women.
Could updated statistical data on maternal and infant mortality be provided? What measures had been taken to improve access to health services and access to information on sexual and reproductive health for male and female adults and teenagers?
It was not clear if abortion was allowed in the State party. The Committee understood that abortion was permitted during the first three months of pregnancy and available upon request; it needed the consent of the woman’s father, tutor, legal representative or of her husband or companion. Did domestic legislation allow for legal abortion, if carrying a pregnancy to term would cause the woman substantial suffering, particularly if the pregnancy was the result of rape or incest or if it was not viable?
Another Expert asked about the state of the reform process to strengthen the competency of the Human Rights Commission? What was the nomination process for members? It was pleasing to see this institute was headed by a woman. Could data be provided on financial and human resources provided to the Commission over the past five years? What sum was required for the Commission to carry out its mandate fully? How did the Commission ensure its independence from the executive?
Despite efforts to combat corruption, including the creation of a specialised office and strategy, implementation remained limited and there was no follow-up to human rights violations. What specific measures had been adopted to ensure the effective functioning of the Office for the Recovery of Assets? Had the law on access to information been duly adopted and applied? What laws were adopted to guarantee the independence of court trials from political interference? What measures had been adopted to ensure the full implementation of the parity law? What practices had been introduced to eliminate the practice of collective voting, and to address the persistent under representation of women in public administration?
Another Committee Expert said the Committee appreciated that the State party openly recognised the persistent and serious problem of gender-based violence. It indicated that part of the problem was that the victims (women) were not sufficiently informed and educated. What measures had the State party taken to provide and promote such education for women, as well as men? Were gender and gender-based violence issues included in school curricula? Were women systematically involved in decision-making on matters that concerned them?
Which measures did the State party take to ensure this issue was seen as a societal problem and not a private or household problem? Was gender-based violence considered to be a form of gender discrimination?
There seemed to be a low number of cases. How did the State support and inform victims of court procedures and provide legal support? How would the State party plan to increase reporting, for instance by eliminating barriers such as high court fees and geographical distance? Would femicide be explicitly included in State legislation? The Committee was pleased to see that there was an SOS hotline for women. How safe was it and who was on the other side of the line? How were women informed of its existence? Would it be possible to implement the model of other countries in Africa to create a police station specifically for women and children?
The Committee was concerned about reports that religion, traditions and customs overrode domestic violence laws in many communities, and that law enforcement was not sufficiently trained and ended up following the consensus reached by the village chiefs and religious leaders. How were law enforcement personnel trained on human rights law and equipped to recognise situations of violence against women? Would the State party consider reactivating past awareness-raising campaigns on community radio and in local languages? How did the Government work with communities and their leaders to eliminate harmful practices?
The Committee appreciated the efforts by the State party in terms of laws, awareness raising campaigns, and the establishment of a National Committee for the Abandonment of Traditional Practices Harmful to the Health of Women and Children. Unfortunately, rates of female genital mutilation were alarming: 50 per cent of women throughout the country had undergone the practice, and in the Gabu region, the levels were 95.8 per cent of women and 73.2 per cent of girls.
What measures was the State party taking to enforce its laws, to promote reporting, and to increase cases of prosecution for female genital mutilation? What support, including shelter and legal, medical and psychosocial support, did the State party provide to victims? What measures were being taken to improve the knowledge of health workers on female genital mutilation so that they could better assist victims? Were alternative labour opportunities provided to those who performed female genital mutilation?
The Committee had received information that child marriage had been aggravated by the COVID-19 pandemic due to school interruption and impoverishment. What had been done to prevent child marriage, including education and awareness raising in and with communities? Could the delegation update the Committee on the process to increase the age of marriage from 16 to 18? The President of the State had proclaimed that 25 should be the minimum age of marriage; would this be future law and policy?
Another Expert said the Committee welcomed the information provided on the legal framework, including the Penal Code, the relevant Constitutional provision concerning the People’s Revolutionary Armed Forces, and the Statute of the Judicial Police. Did the Penal Code also apply to the People’s Revolutionary Armed Forces? If not, what legal framework was in place to regulate and prevent the excessive use of force by members of the Armed Forces? Did the Penal Code impose conditions on the use of force as strict as those outlined in the Statute of the Judicial Police?
The Committee was concerned about the legal framework applicable in situations of state of emergency, particularly in light of the fact that coups d’état had occurred on multiple occasions in the past. Was there a legal framework in place to regulate states of emergency? In such situations, did the Penal Code and other relevant laws continue to apply? Did the State party have the domestic system to ensure that fundamental rights were effectively protected, even during a state of emergency? Were all non-derogable rights listed in the Covenant fully respected during a state of emergency?
Were the applicable laws and standards sufficiently disseminated among law enforcement and security personnel? Were there training programmes in place for these personnel? In the absence of such training programmes, would the State party be willing to consider offers of support or cooperation from relevant United Nations agencies?
Did the amnesty law contain any specific provisions granting amnesty for violations involving the excessive use of force? If so, under what conditions?
How did the State party respond to the allegations that members of the security forces continued to enjoy impunity? Could information be provided on the sanction of criminals in the Mariciano Indi case? Were there any statistics available?
Despite the inclusion of a provision on torture in the Criminal Code, the Committee continued to receive many reports of acts of torture in practice. What mechanisms were in place to ensure the effective enforcement of the prohibition of torture and other forms of cruel, inhuman or degrading treatment?
Was there any available information on the impact of human rights training provided to judges, prosecutors, and law enforcement and security personnel?
Did the State party still have the intention to ratify the Optional Protocol to the Convention?
A Committee Expert noted several positive developments, such as the establishment of the National Human Rights Commission and the adoption of the national human rights and citizenship strategy 2022-2026, as well as steps towards modernising the penitentiary system, including the law on minimum prison standards, and steps taken to strengthen legal aid and the capacity of judges and law enforcement in applying international human rights standards. However, challenges remained. What were the total number of prisons, their holding capacity, and the actual number of prisoners? Were men and women separated, as well as minors from adults? Was the Government considering implementing alternatives to imprisonment, particularly for first time offenders?
Had there been any COVID-19 outbreaks in prisons and detention centres? What health measures were adopted in response? Which bodies monitored the treatment of prisoners and conditions of detention centres? What steps were being taken to improve conditions of food and medical care? How many mental health institutions existed in the country? How many persons were housed in them? What was their budget?
Responses by the Delegation
The delegation said many measures had been implemented in line with the provisions of the Covenant. In 2018, a review of many different laws was undertaken, including the political parties law, the voter registration law, and the act on the Supreme Court. However, these subjects were not under the sole jurisdiction of the Government. When the time came, these proposals would be submitted to the Parliament for their adoption.
A new law simplified procedures, enabling people to obtain their identity and registration documents. There were several bills, including one on cybercrime, which were still awaiting adoption. The Covenant was an integral part of Guinea-Bissau’s domestic law. Customary law could be applied within the State’s legal order, if it did not contradict the spirit and principles of positive law. Positive law could not be set aside by the application of customary law.
A judges training institute trained the judiciary on subjects, including the application of international law. The Covenant could be invoked in any court to uphold human rights. A lawyer could invoke provisions of the Covenant to protect a right being violated by the State or another body. In the case of the former Prime Minister, the Covenant had been invoked as an instrument to protect political rights. The National Human Rights Commission had human and financial resources, but they were not sufficient. There were obstacles in increasing the number of staff due to the legal frameworks, which was why the Statutes were now being revised.
In recent years, Guinea-Bissau had been working to have a more robust legal framework against corruption, adopting the national strategy to combat corruption. Combatting corruption with imprisonment did not work, as those who went to prison were able to keep the assets when released. Work was being done on the asset recovery law. Agreements were in place with countries like Cabo Verde to exchange information. The Criminal Code would be reformed. The money laundering law covered the confiscation of assets. This legislation would enable a broader definition of confiscation for assets related to crime.
The law on land access provided for equality between men and women. The collective vote was not permitted but there was information that this sometimes occurred when influence was exerted by community, religious or family leaders. At times, these leaders provided influence on who to vote for, which ran counter to the legal norms on the free exercise of the right to vote. It was difficult to combat these actions. There needed to be more awareness campaigns involving traditional leaders and rural communities to increase the participation of women.
Domestic violence was a crime under State legislation; however, there needed to be supporting work to ensure the law was implemented. It was important to change the mindset of communities through working with local organizations. These issues needed to be addressed. It was difficult when victims did not recognise themselves to be victims. If they thought what was happening was normal, they would not go to the judiciary to lodge a complaint. This resulted in difficulties in having complaints registered. An information and legal advice centre provided assistance to those who did not have the resources.
Often people in rural areas felt more comfortable with traditional, rather than formal judicial structures. Female genital mutilation was criminalised in Guinea-Bissau’s criminal law, but the State faced many challenges in this area. There was a low level of complaints, as people were unaware of the criminalisation of the practice. Human rights organizations were trying to raise people’s awareness about the consequences of the practice on the health of the victims. The judicial branch received complaints and investigations were conducted. There were many outstanding cases concerning female genital mutilation and human trafficking in the legal system.
Domestic law allowed for abortion, but it needed to be carried out in health centres and hospitals, and by qualified professionals. If those conditions were not met, practitioners could be held criminally liable.
Firearms could be used in exceptional circumstances. The former President of the Republic had been assassinated in 2009, but the investigation was never completed. This matter fell under the remit of the judiciary. Domestic law did not allow for torture, cruel or inhumane or degrading treatment or punishment. If a police officer received an order to commit torture, they must not obey it. Under the State’s domestic legal framework, the duty to obey ceased when the order was tantamount to committing a crime.
Guinea-Bissau had been concerned about prison capacity during the COVID-19 pandemic. To alleviate prison overcrowding, alternative sentences had been imposed, people in pre-trial detention had been released, and those eligible for probation had had this brought forward.
In 2013, there were serious conditions in certain prisons which were not aligned with the minimum standard for the treatment of prisoners. Complaints of torture and acts of aggression against inmates by prison officers had been received. The situation had been compounded by the rape of a female prisoner who fell pregnant. To tackle the situation, a Commission was established and the perpetrators were identified and suspended without pay. Such dissuasive measures stopped prison guards from committing these acts against prisoners, and the State had received no such further reports. Currently Guinea-Bissau was aiming to find funding to build a new modern prison which met universal standards.
Questions by Committee Experts
An Expert said it was hoped that Parliament would be fully reinstated soon to adopt important laws. How were members of the judiciary trained on the interaction between positive law and customary law? Were human rights part of the curricula in schools? Was it included in university education and also in training for health professionals? Were there awareness campaigns via social media to address youth? Were the protection shelters sufficiently located and accessible? How often was the SOS hotline used?
Another Expert said there were issues with the rupture of Constitutional law by the Government, including the suspended Parliament. Was there a solution to this? Had there been anything done to punish political parties that did not comply with parity rules? A few years ago, the Ministry for Women’s Affairs was abolished in favour of the Ministry of the Family and Social Solidarity. Did this change improve the implementation of the specific rights of women?
A Committee Expert said there were detention centres connected to police stations, which was worrying. How could the rights of detainees be ensured in these centres? Why was the probation system in Guinea-Bissau not used? The State had supposedly never received a complaint for failure to fulfil its obligations in places of detention, which was problematic. The Committee had received information that there were a lot of problems in places of detention.
How did the National Human Rights Commission carry out monitoring to ensure detainees were aware of their rights and had access to monitoring mechanisms? There were no mental health services available to detainees; was the State intending to create them? How was the State planning to provide detainees with access to physical health during their detention?
Another Committee Expert said it was shocking to learn that it was difficult to achieve separation between male and female prisoners. Were alternative measures to custodial sentencing envisioned, to avoid imprisoning women, as they were already being victimised before they began their sentence? Did the Government have a plan to combat the exploitation of child beggars?
Responses by the Delegation
The delegation said the judiciary had the knowledge to ensure the prevention of the application of customary law which contradicted positive law. Traditional leaders did not work on behalf of the State. The State was working to control these activities, as they were currently uncontrolled. When traditional norms contradicted the law, they were not applied. The national human rights strategy provided that human rights should be part of the school programme.
Awareness campaigns on human rights were thematic, including those which took place when training traditional leaders on female genital mutilation or trafficking. The SOS hotline was frequently used. This service was run by judicial bodies, and therefore professional ethics applied. The hotline was for people who could not travel or who wished to make an anonymous complaint. The coverage of the judiciary was not uniform throughout the State territory, so there needed to be a way to bring the services to those who needed them.
If acts of torture occurred, then measures needed to be taken to hold the perpetrators accountable. There was a police training academy which provided training on topics such as ethics and prison management, supported by Brazil and Portugal. A training plan was applied by the police training academy.
Responses by the Delegation
The delegation said the amnesty law covered various crimes. The dissolution of parliament occurred around two years ago. There would be elections in November this year and it was hoped that after that all the relevant Government bodies would be operating. Regarding the Ministry of Women, it had changed its name to the Ministry of Solidarity, and expanded its remit. Police stations had holding cells where people could be detained when investigations were underway. According to the law, this period should not exceed 48 hours.
There were non-governmental organizations which carried out prison visits, providing training to prisoners. Through these visits, disciplinary hearings had been brought against prison guards. There was no mental health centre in prisons at this time, but there were alternative solutions. Funds were available to take prisoners to hospital when required. Prison medical kits were available in all prisons. Men and women prisoners were separated into different cells, but there were no separate wings.
The Children’s Protection Code raised the age of criminal responsibility to 18, but this had not yet been adopted by the National Assembly.
There was a national plan to combat trafficking in persons which covered child beggars. There was a tripartite agreement between Guinea-Bissau, Senegal and Gambia to combat child trafficking.
Questions by Committee Experts
A Committee Expert said despite the serious challenges facing Guinea-Bissau, positive developments were worth noting. The Committee welcomed the adoption of law 5/2018, which regulated the registry of the judiciary and the Prosecutor’s office, including provisions on the remuneration of judges. This step had the potential to increase the transparency of financial administration in the justice sector. However, access to justice remained out of reach for a large portion of the population.
What measures were being implemented to stabilise and increase funding for the judiciary? Was there a State legal aid system today? Which categories of citizens were entitled to receive it? Were there mechanisms to support women and children who were victims of violence? What practical measures were taken to implement the provisions of the law? Was there a mechanism for budget transparency? What was the current situation for providing legal aid?
Another Expert said the Committee welcomed the State party’s ratification of the Convention on the Rights of Persons with Disabilities and the adoption of the national strategy on inclusion of persons with disabilities. Could the State party provide further details on the strategy, including specific goals and issues it sought to address? Was it sufficiently funded? Had the State party conducted any analysis to determine any of the root causes of discrimination against persons with disabilities? What activities had been conducted to raise awareness on the rights of persons with disabilities? Did the State party have any persons with disabilities in leadership roles? What measures had been taken to promote their inclusion in these roles?
Did the State party have a framework in place to ensure that any restrictions on freedom of expression were legal under the law? How many license fees were imposed on public and private broadcasters? What was the justification for imposing such high fees? What measures were taken to ensure impartial media reporting during the 2019 elections? Did the State party intend to pursue investigations into the dismissal of Radio Africa FM?
A Committee Expert said Guinea-Bissau had a long history welcoming refugees, and had shown goodwill in granting citizenship to 7,000 refugees. However, there were shortcomings when it came to their protection. Did Guinea-Bissau intend to adopt a national asylum law? What tangible measures had been adopted to defend the principle of non-refoulment? How were border officials trained to prevent forced return of individuals? How many refugees and stateless persons resided in the country? What mechanisms existed to prevent statelessness in Guinea Bissau?
The State’s legal framework criminalised a range of exploitations, including forced labour and sexual exploitation. However, implementation still fell short. What tangible measures had the country adopted since 2011 to address trafficking? What measures had been adopted to properly implement the law on human trafficking? The Committee had been told that access to public office was weak. Were measures adopted to ensure free and fair electoral processes? How was equitable access to public office guaranteed? How was civic education being promoted?
Another Committee Expert said the Committee had received information that in January 2024, a statement by the Ministry of Interior indefinitely prohibited demonstrations. How did the State party ensure that freedom of assembly was not restricted by a generic ban? How did the State party guarantee that these statements did not serve as a basis for strong police repression, such as in the peaceful demonstration in May 2024, which resulted in more than 100 arrests and excessive use of force. Had there been any independent investigations into these events? Had any officials been prosecuted?
The Committee was informed that some political groups and parties had been prevented from campaigning freely. Could the State party respond to allegations that in December 2023, armed forces occupied the headquarters of the opposition party and expelled members, and that in 2024, a meeting of the party was violently repressed, resulting in beatings. Had any investigations been conducted into these events? What measures had the State party taken to promote and facilitate the right to independent, fair and free elections? How were law enforcement officials trained on human rights to prevent political abuses?
The Committee had been informed about several severe attacks on media outlets, including attacks in June 2020 on the Radio Capital studio and in February 2022, where people were beaten and firearms were used. The Committee was further informed of an event in December 2023 whereby the military occupied media stations in the capital for 48 hours. Were these events independently investigated? Were any persons prosecuted and were victims compensated? What steps had the State party taken to engage more constructively with civil society and protect human rights defenders?
The Committee took note of the plight of Dabbagh children who were sent abroad under the pretext of going to learn the Quran and ended up as beggars or in forced labour or prostitution, and also to a large extent in domestic servitude, especially girls. Inside the country, children were also used for child sex tourism by Marabout and in hotels. Children, particularly in remote and rural areas, were forced to work, sometimes in difficult jobs, to provide for their families or to pay the debts of their parents. What measures were being taken to prevent the use of corporal punishment against children in all situations? What legal framework was in place to protect children against corporal punishment and how was its implementation?
Could information be provided on the legal framework for juvenile justice and whether there were specialised courts to handle cases relating to the protection or punishment of juveniles? What measures were aimed at eliminating and preventing child exploitation, particularly for sexual purposes and for street begging? Could the delegation comment on the implementation of the general labour law and the code of conduct against sexual exploitation in tourism? What was the minimum age for work, and was it applicable to children working without a work contract? What types of hazardous work were prohibited for children? How did the State monitor these situations? What steps had been taken to disseminate information on the Covenant?
Responses by the Delegation
The delegation said the budget next year would strive to provide funds for the implementation of law 5/2018 on the status of the judiciary. The budget for the justice sector had not been reduced, in fact it had increased in recent years. The State was trying to extend the judicial network throughout the territory and recruit more judges. The Government was building new courts and would overhaul the buildings of the national police.
Judges were self-governing. The Supreme Council of the Judiciary was responsible for nominating judges, deciding on transfers, and implementing sanctions when required. The strategy for persons with disabilities described steps for their integration. A draft law on the protection and promotion of persons with disabilities had been drawn up in 2018 and was awaiting adoption. In 2021, a multisectoral, technical committee was created to monitor policies on public inclusion for persons with disabilities. A national strategy on inclusive education was adopted, which focused on deep-rooted changes to meet the needs of pupils with disabilities.
Legislation in Guinea-Bissau regulated freedom of expression, freedom to demonstrate, and press freedom. The incidents regarding the elections and the Guinea-Bissau television station would be answered in writing. The State had adopted the asylum law and the law on the status of refugees. Guinea-Bissau had issued an integration clause for long-stay refugees, ensuring they were given birth certificates and identification cards, and were fully integrated into the country as national citizens; 10,500 refugees had been integrated this way. The State’s commitment to refugees was clear.
The minimum wage was increased between 2017 and 2018. There was bilateral and multilateral cooperation when it came to human trafficking. Guinea-Bissau also took in victims of trafficking, including children. It was important to share information with countries to have more reliable data on trafficking. There was a law on trade union freedom, to protect political rights. The Constitution established terms of office for elected persons. Those bodies responsible for authority were required to operate within the time frame established by the Constitution.
Citizens were free to create their own associations under the law. Often young boys went to school while young girls were relegated to domestic work. This meant that in some areas, there were low levels of girls going to school. Different families had different views on the importance of school. Non-governmental organizations were raising awareness about the importance of children attending schools. School canteen programmes were in place to encourage children to go to school and not feel at an economic disadvantage. Corporal punishment was not allowed in schools. The school inspectorate was responsible for checking that education norms were complied with.
The trafficking law on its own may not be sufficient to ensure that people were not trafficked. The Government had prohibited several practices, including international adoptions and guardianship with a view to remove a child. Guinea-Bissau did not have a robust structure to determine how adopted children were living abroad. There had been cases where children were adopted and taken to Argentina and abandoned in the streets. Extensive efforts had to be undertaken to repatriate these children. A transitional law established child protection systems. This legislation would regulate policies and sectors. As the protection code for children could not yet be approved, it would act as a transitional law. The minimum age for work was 16.
Questions by Committee Experts
A Committee Expert asked how Guinea-Bissau would meet the recommendations arising from the dialogue?
An Expert said it was noted that three special schools had been built for children with disabilities. What obstacles were there for educating persons with disabilities? How were they integrated in society and within regular schools? The Covenant’s anniversary next year was an opportunity to disseminate further information about its work.
Another Committee Expert said judges were irregularly or underpaid, leaving them vulnerable to corruption. Was the law on the renumeration of judges adopted? What targeted measures had been taken to tackle the issue of corruption in the judiciary? It would be ideal if the concluding observations could be translated into Portuguese, so they were more accessible to the people of Guinea Bissau.
A Committee Expert asked what prevented the State from protecting journalists and prosecuting perpetrators?
An Expert asked what measures were being taken to guarantee and protect the independence of the judiciary? What was the current composition of the Supreme Council? Would Guinea-Bissau consider increasing the number of judges in the Council to a majority, to avoid political manipulation? What measures were being taken to avoid judges being infiltrated or corrupted by drug cartels in Guinea-Bissau?
Responses by the Delegation
The delegation said Candonga da Justiça was carried out to bring services to the population. Hundreds of people had participated in different parts of the country, and hundreds of children had been registered and received their birth certificates. This service aimed to provide legal advice to those who had difficulties in accessing justice. The United Nations supported many of the State’s national strategies and legislation. The State’s national strategy for human rights was supported by the United Nations Development Programme. The United Nations Children’s Fund had supported the update to the civil registry, among others. United Nations support had also been crucial in instigating training programmes.
Financial limitations often meant the State could not achieve timely provision of resources for students with disabilities. Special training was required for teachers to provide teaching to students with disabilities. Recruiting a teacher for a specialised school was not the same as recruiting a teacher for general education. Reforms of public administration were underway.
It was important to provide attractive financial packages for judges to ensure they were comfortable with their salaries. The Government was committed to improve the regulatory statements of the legal officers. There was no restriction on freedom of expression, which was recognised as a fundamental right.
The justice sector had independence. Legislation outlined that judges must rule on the basis of the law and their own conscience. Other structures took part in the composition of the Supreme Council of the judiciary. The Council covered magistrates, judges and representatives from the national assembly. A new piece of legislation would set up the composition of the Council. This would ensure the State had legislation in place which would confer greater independence of magistrates. Guinea-Bissau was using examples of good practices from other countries in this regard, including Brazil. The State did not have information regarding pressure from drug cartels on judges.
Concluding Remarks
DEGOL MENDES, General Director of the Justice Policy of Guinea-Bissau and head of the delegation, thanked the Committee for the constructive dialogue over the past two days. The dialogue had been enriching and given Guinea-Bissau an opportunity to improve the implementation of human rights in the country. The State looked forward to the Committee’s recommendations, which would influence future strategic planning and the strengthening of the rule of law. Mr. Mendes thanked the United Nations for the support it had provided to the country.
CHANGROK SOH, Committee Chairperson, thanked Guinea-Bissau for the active engagement throughout the review. The State party was commended for submitting its initial report, which marked an important step in advancing the protection of civil and political rights in the country. The discussions had covered judicial independence, gender equality, and participation in public affairs, among others. The Committee remained seriously concerned about the weak enforcement of legal protections, poor conditions of detention, and lack of accountability for past violations. It was hoped the constructive dialogue would lead to meaningful reforms which brought the State’s legal and institutional framework into closer alignment with its obligations under the Covenant.
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CCPR25.011E