Guinea-Bissau

Guinea-Bissau is a former Portuguese colony in West Africa which has a multi-party presidential republic.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref] The population is estimated to be 1.9 million as of 2020.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref]

The country has been experiencing political instability in the last decade,[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021; https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref] but civil liberties have gradually improved since the military coup in 2012.[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref] International institutions and observers regarded the 2019 parliamentary elections as free and fair.[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021; https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref]

Reliable demographic data is not available, however it is estimated that 45% of the population is Muslim, 31% follow indigenous beliefs, 22% Christian and the final 2% is composed of different minorities.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/guinea-bissau/[/ref]

The country ranked amongst the worst in the UNDP Human Development Index. Most of the Guinean population is in a situation of multidimensional poverty.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Mostly Satisfactory
Free and Equal
No Rating

Constitution and government

Freedom of religion or belief is protected in Article 52 of the Constitution “Freedom of conscience and of religion is inviolable.”[ref]https://www.constituteproject.org/constitution/Guinea_Bissau_1996?lang=en[/ref]

Article 6 of the Constitution states “In the Republic of Guinea-Bissau there shall be separation between the state and religious institutions.”[ref]https://www.constituteproject.org/constitution/Guinea_Bissau_1996?lang=en[/ref]

Article 24 explicitly calls for non-discrimination and includes secular worldviews: “All persons are equal before the law, enjoy the same rights and are subjected to the same duties, without distinction as to race, social status, intellectual or cultural level, religious belief or philosophical conviction.”[ref]https://www.constituteproject.org/constitution/Guinea_Bissau_1996?lang=en[/ref]

Article 4 of the constitution regulates political parties, including:

“4. The formation of parties of regional or local nature, parties that sponsor racism or tribalism, and of parties that advocate the use of violent means to achieve its ends is forbidden.
5. The party’s name may not identify itself with any part of the national territory, nor display the name of a person, church, religion, confession or religious doctrine.”[ref]https://www.constituteproject.org/constitution/Guinea_Bissau_1996?lang=en[/ref]

Government institutions

The African Commission on Human and Peoples’ Rights (ACHPR) noted the weak nature of state institutions and a low level of public trust in them. The population lacks awareness of human rights.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 12[/ref] The judicial system is damaged by the political situation and weakness of governmental institutions. Citizens lack faith in the justice system because of corruption and lack of resources.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 20[/ref]

Reports show that the judicial system suffers from corruption and political pressure. The court system lacks resources and capacity to function effectively. The police force is also plagued by corruption. Most of the population lack access to justice.[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref]

The remote location of courts relative to much of the population limits access to judicial services and contributes to the widespread sense of impunity.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 21[/ref] The limited formal justice increases the negative impact of customary law and traditional justice in solving societal problems.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 23[/ref] The formal justice system was poorly understood, expensive, and seldom used.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref]

Drug traffickers used threats and bribes to infiltrate state structures. Criminal networks operate with impunity and recruit the youth in their criminal activities.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 19[/ref]

Education and children’s rights

In accordance with the Constitution, public schools do not provide religious instruction. Article 49(4) “Public schools will not be religiously oriented.”[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/guinea-bissau/; https://www.constituteproject.org/constitution/Guinea_Bissau_1996?lang=en[/ref]

However, some schools are operated by religious groups.

The average number of years at school is very low in the population. Limited access to education especially affects girls resulting in a literacy rate of 72% in girls as of 2014.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 49-51[/ref]

Child labour and child trafficking

Child labour though illegal is common in Guinea-Bissau. A study showed that 40% of the country’s children are active in the labour market. Half of the country’s children are affected by poverty, increasing child labour.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 62[/ref]

Reports show that child trafficking is common in Guinea-Bissau. Children are exploited in the country and trafficked to neighbouring states to engage in begging, forced labour and prostitution.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 60[/ref]

Some religious teachers offer Muslim families Quranic education for their boys but then put them to work or begging, locally or in neighbouring countries. The boys get beaten and mistreated.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 35[/ref] The government cooperated with Senegal to return 158 mistreated children that were sent to Islamic schools in Senegal back to Guinea-Bissau.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref]

Family, community and society

Discrimination

Despite some legal protections, women face discrimination in society due to traditional views. Women do not have equal access to education, employment, and equal pay.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 38[/ref] Women, particularly from certain ethnic groups in rural areas, are restricted from owning or inheriting property.[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref]

There is no effective legal protection against discrimination based on sexual orientation, and gender identity.[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref]

Same sex marriage is not recognized, however same sex relationships are not made illegal by law. The situation for gay men appears to be better than otherwise in the region. The country rewrote its Penal Code in 1993 and did not include a provision against homosexuality.[ref]https://www.reuters.com/article/us-bissau-lgbt-feature-idUSKBN1QU1B8; https://freedomhouse.org/country/guinea-bissau/freedom-world/2021; https://www.equaldex.com/region/guinea-bissau[/ref]

Early Marriages and child prostitution

Early and forced marriages are widespread,[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref] and occurred within all ethnic groups.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref] The minimum age of marriage is 16 years, parents seek marriage for their underage daughters in the hope of benefiting financially.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 63[/ref] The civil marriage legislation is in most cases replaced by customary marriage law. 37% of girls and 3.7% of boys are married before the age of 18.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 63[/ref]

NGOs submitted a legislative initiative to the parliament in 2018 to combat early marriages and criminalize forced marriages but the initiative was removed without any justification.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 64[/ref]

Reports indicate that prostitution, also of minors, is common in Guinea-Bissau and linked with drug trafficking.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 60[/ref] Women and girls are forced into prostitution because of poverty and the lack of jobs or financial support.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 60[/ref] Reports show that girls are trafficked into commercial sexual exploitation and sex tourism, including in bars and hotels.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref]

Female Genital Mutilation and Gender-based Violence

Despite being illegal,[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref] almost half of all women are victims of female genital mutilation (FGM).[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref] Gender-based violence is reportedly widespread, though victims of rape and domestic abuse rarely report the crimes to authorities.[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref] The justice system does not properly address cases of gender-based violence. Judicial responses are late and ineffective which contributes to the persistence of harmful practices and a widespread sense of impunity.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 29, 59[/ref]

Due to cultural reasons and a poorly maintained justice system, most conflicts related to gender-based violence are handled by traditional institutions or authorities, including families, community or religious leaders.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 57[/ref] The country lacks state institutions to respond to cases of gender-based violence.[ref]https://www.upr-info.org/sites/default/files/document/guinea-bissau/session_35_-_january_2020/a_hrc_wg.6_35_gnb_3_e.pdf para 57[/ref] Sexual harassment is not explicitly made illegal by law, and as a result is widespread.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref]

Foreign religious movements

Since at least 2017 foreign-led Salafist groups have increased their presence and recruitment efforts in Guinea-Bissau.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref] Mosques are established with unvetted imams with foreign funding.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/guinea-bissau/; https://www.ozy.com/around-the-world/sufi-west-africa-braces-amid-rise-of-fundamentalism/87345/[/ref] Online recruitment targets young men to religious radicalism. Some of the local Muslim population, which have traditionally subscribed to a different school of Islam have expressed their concern for the developments and how they may impact longstanding religious tolerance.[ref]https://www.state.gov/reports/2020-report-on-international-religious-freedom/guinea-bissau/; https://www.ozy.com/around-the-world/sufi-west-africa-braces-amid-rise-of-fundamentalism/87345/[/ref]

Freedom of expression and humanist values

Freedom of press and the media

The Constitution protects the freedom of the press in Article 56.[ref]https://www.constituteproject.org/constitution/Guinea_Bissau_1996?lang=en[/ref]

Reports show increasing arbitrary arrests by security forces with no adherence to due process, where arbitrary arrests are also an instrument of political violence.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/guinea-bissau/[/ref]

Political instability since the coup in 2012 has affected journalism in the country, political and governmental figures intimidate and harass journalists and media outlets. This has led to a regression in freedoms and independence.[ref]https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref]

The government has increasingly meddled in the journalistic direction of the state-owned media, replacing the directors who were unfavourable to the President.[ref]https://rsf.org/en/guinea-bissau[/ref]

There have been two incidents where military forces were used on journalists.

In late February 2020, soldiers occupied and shut down the facilities of the state radio and television broadcasters for several days on behalf of President Embaló.[ref]https://rsf.org/en/guinea-bissau; https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref]

In July, security forces vandalized the headquarters and temporarily took off the air a private radio station known for its opposition to the President.[ref]https://rsf.org/en/guinea-bissau; https://freedomhouse.org/country/guinea-bissau/freedom-world/2021[/ref]

Reporters without borders rates the country 95/180 in the 2021 World Press Freedom Index:

“On the whole, media and journalists continue to be extremely vulnerable to political and economic pressure. The country has only one TV channel, which is controlled by the state, the right of access to information is not guaranteed and journalists still usually censor themselves when covering governmental shortcomings, organised crime and the military’s continuing influence. Some journalists have fled abroad to escape threats and intimidation.”[ref]https://rsf.org/en/guinea-bissau[/ref]