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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/3/Add.63 26 July 2001 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Initial reports of States parties due in 1992
GUINEA-BISSAU
GE.01-43968 (E)
021101
CONTENTS
Paragraphs Page
Map of Guinea-Bissau
5
Note of gratitude 6
Introduction 1 -
69 7
A. Progress made after signature of the Convention 11 -
38 8
B. Constraints 39 - 61 12
C. Achievements 62 -
63 15
D. Impact of the Convention in the face of Guinean
reality 64 -
69 15
I. GENERAL INFORMATION 70 - 94 16
A. Land 70 -
76 16
B. People 77 - 83 17
C. Economic indicators 84 -
93 18
D. International instruments related to human rights
94 19
II. GENERAL MEASURES OF IMPLEMENTATION 95 -
133 19
A. General legal context of human rights in
Guinea-Bissau
110 - 120 21
B. Information and publicity 121 -
133 23
III. DEFINITION OF THE CHILD 134 - 145 25
A. Work 141
- 142 26
B. Marriage 143 - 145 27
IV. GENERAL PRINCIPLES 146 -
155 27
A. Non-discrimination 146 - 147 27
B. Best interest of the
child 148 - 152 27
C. Right to life and development 153 -
154 28
D. Freedom of expression 155 28
CONTENTS (continued)
Paragraphs Page
V. CIVIL RIGHTS AND
FREEDOM 156 - 168 28
A. Name and nationality 157 -
161 28
B. Preservation of identity 162 29
C. Freedom of expression
163 29
D. Freedom of thought, conscience and religion
164 30
E. Freedom to form associations and to hold peaceful
meetings
165 30
F. Protection of privacy 166 30
G. Access to adequate
information 167 30
H. Prohibition of torture or cruel, inhuman and
degrading
treatment or punishment 168 30
VI. PRESERVATION AND
PROTECTION OF THE FAMILY
ENVIRONMENT 169 -
184 31
A. Responsibility of the parents 171 31
B. Family
orientation of the child 172 31
C. Children not living with their parents
173 31
D. Reunification of the family 174 31
E. Travel and illicit
detention 175 - 176 31
F. The guarantee of food 177 -
178 32
G. Children not living in households 179 - 180 32
H. Adoption
181 - 182 32
I. Periodic review of placement 183 33
J. Abandonment
or neglect, physical and psychological
rehabilitation
184 33
VII. HEALTH AND WELL-BEING 185 - 213 33
A. Children
with disabilities 187 - 198 33
B. Health and medical services 199 -
204 36
C. Social security and services and facilities for assistance
to
the child 205 - 212 37
D. Standard of living 213 38
CONTENTS (continued)
Paragraphes Page
VIII. EDUCATION, RECREATION
AND CULTURAL
ACTIVITIES 214 - 232 38
A. Education, including
training and professional
orientation 214 - 219 38
B. The objectives
of education 220 - 224 39
C. Spare time, recreation and cultural
activities 225 - 232 39
IX. SPECIAL MEASURES FOR THE PROTECTION OF
THE
CHILD 233 - 265 40
A. Children in difficult situations 233
- 239 40
B. Children in conflict with the law 240 - 249 43
C. Children
in situations of economic exploitation 250 - 265 44
Bibliography
48
Institutions which gave support to the preparation of this report
51
Annex: Conclusions and recommendations of the workshop
on the
presentation of the report and the implementation of
the Convention
54
Note of gratitude
Our special thanks to all those people
who have directly or indirectly contributed and followed the preparation of this
report, especially
UNICEF, through its representative, who spared no effort to
provide all means necessary for its execution, so that Guinea-Bissau
can now,
for the first time, submit a report on this matter.
We are most grateful
to Ms. Nharabate Nancaia Intchassó who encouraged its execution, through
the former Ministry of Women’s
Promotion and Social Affairs.
Our
special thanks is also addressed to the Direction of Social Affairs, through
Ms. Antónia Mendes Teixeira, who facilitated
contacts with some
institutions and provided necessary documents, as well as pertinent opinions and
comments for the improvement
of the quality of the report.
Our thanks
to the Child-Friendly Association (AMIC) and other NGOs which also provided
necessary documents and had long conversations
with us for the better
understanding of this matter.
Introduction
1. The territory of Guinea-Bissau was for nearly
five centuries considered as a Portuguese colony.
2. The colonial
administration and the juridical system in force at that time were based on the
principle that native populations
in the colonies are savage people and
therefore considered as inferior people, and for that very reason shall be
administered exclusively
and directly by the metropolis. With the creation of
the Indigenous Statute (clause 56), a native, to be considered a citizen, should
meet two main requirements:
− Be aged more than 18 years, and
− Speak correctly the Portuguese language.
3. A strict
interpretation of the spirit of the Indigenous Statue leads us to assert that it
was the most violent discrimination from
the juridical and social point of view,
not only regarding disparities between the juridical situation of both peoples,
but also
in respect to the internal juridical situation of the people of
Guinea-Bissau itself.
4. As the territory was exclusively administrated
by non-native institutions, 99.7 per cent of the population were considered
indigenous
and therefore did not participate, according to the law, in the
functioning of those institutions. Therefore, it is obvious that
children
aged 0 18 years were not, in any case, considered as
citizens and were also discriminated against.
5. It is important to point
out that the constitutional, political, juridical and
administrative situations were subject to new reforms
since 1961, as a
result of the adoption by the fifteenth session of the United Nations
General Assembly, of resolution 1514 (XV)
and 1524 (XV) on
Decolonization.
6. These reforms of the colonial legislation proclaimed
in 1961 led to the creation, among others, of the following legislation:
Decree
No. 43.897, which allows juridical private relations in the colonies to be
governed by practices and customs and Decree No.
43.893, which abolishes the
Indigenous Statute.
7. With the beginning of the Army War and later on
in the Liberated Area the Guinean people lived a new reality, where their human
rights and basic liberties were recognized, notwithstanding all difficulties
caused by the war. Children, as Cabral said, were the
flowers of our fight and
the main reason of our combat.
8. During the war, children lived in
kindergartens in Conakry and later on in pilot and boarding schools, according
to their age,
initially located in Conakry and afterwards in different liberated
areas. During this period, children from these areas knew what
a child’s
rights were and enjoyed all necessary conditions for their sound physical and
psychical development.
9. Guinea-Bissau signed the Convention on 26 January 1990 and ratified it
on 20 August 1990,[1]
thereby committing itself, according to article 44 of the Convention, to submit
to the Committee on the Rights of the Child, through
the Secretary-General of
the United Nations, reports on measures and progress made in the
application of the Convention. During
the two years following the date that the
Convention became effective (19 September 1990) Guinea-Bissau should
have submitted initial
reports and subsequent reports every five years.
However, Guinea-Bissau has not yet submitted the initial report until now. This
delay was due to the lack of financial and material means, competent human
resources, the creation of incentives for the existing
human resources and a
greater sensitization of the State and/or government
institutions.
10. This initial report proves the Government and
Guinea-Bissau’s determination to honour their commitments, notwithstanding
the delay in its preparation.
A. Progress made after signature of the Convention
11. Guinea-Bissau, after
its signature and ratification of the Convention has made meaningful progress on
this matter. This is due
not only to its adherence to the Convention but also
to the dynamism generated in the country later on and as the result of the
economic
and social crisis which ravaged the country.
12. Many summits,
debates, conferences, meetings, participation in international conferences,
seminars, exchanges of experiences,
etc. and other activities were held with the
objective of disseminating and sensitizing government institutions and the civil
society
round about the Convention.
13. The holding of the National
Summit for Children in September 1990 was the first step towards this objective.
The theme of this
Summit was “Children, their development and
rights”. After the Summit, many regional and provincial summits were held
to discuss the following themes: “Health and Environment”;
“Maternal and Infant Health and Nutrition”; “Education
and
Training for the Child’s Development”. These summits culminated in
the Declaration of Bissau, which induced the
Government to adopt the principles
of the Convention on the Rights of the Child.
14. In order to realize
this Convention in legal terms, a National Commission was created on 27 March
1991 by decision of the Head
of State for the implementation of the World
Declaration on the Survival, Protection and Development of Children and its Plan
of
Action. Later on, a National Commission for Childhood (CNI) was created in
July 1992 to implement the decisions issuing from the
World Summit and to submit
a plan of action. During the same year, with the technical support of UNICEF, a
plan of action was prepared
by the Inter-ministerial Commission for Childhood
Protection (CIPI), a technical department of CNI. The Plan of Action was
submitted
to the International Conference for Assistance to African Children,
held in Dakar from 25 to 27 November 1992.
15. The Ministry for Women’s Promotion was represented at the
Conference of Ministers from French-speaking countries responsible
for matters
related to children, held in France in July 1992. The objective of this
Conference was to study the possibilities for
introducing a component of
technical assistance to children in cooperation programmes.
16. The mass
media were and remain one of the means of dissemination used to sensitize the
Government, families and the civil society
in general. The results of this
activity were positive and the impact can be measured at the level of families,
civil society and
Government. This mechanism, associated with well-oriented
programmes, involved the civil society in the denunciation and condemnation
of
innumerable acts and/or harmful situations which occurred in the past and still
prevail in the country. These situations had
been ignored until now and require
from the Government adequate measures and mechanisms to eliminate and restrain
their proliferation.
17. The Government, concerned about this situation,
created the Child’s Fortnight, to be conducted annually, to develop the
necessary mechanisms to find out children’s opinions. The objective of
this event is to study and discuss, together with children,
all the problems
related to their life and to appraise progress made in the application of the
Convention. Furthermore, a parliament
for children, which is to be held every
two years, was also created to discuss and submit to the Government a list of
constraints
to their social life.
18. The result of the first steps taken
to sensitize the Government was the creation of a legal mechanism to facilitate
the application
of the Convention in Guinea-Bissau.
19. Some NGOs joined
the national structure created to support the process. The Child Friendly
Association (AMIC), the Guinean League
of Human Rights (LGDH), the Guinean
Association for Studies and Alternatives (ALTERNAG), the Information and
Juridical Orientation
Centre (CIOJ), the Sinin Mira Nasseque, the National
Association for Sanitary Development (ANDES), TINIGUENA, Action for Development
(AD), Plan Guinea, EndaBissau/GUITEC, the Children’s Labour Project (PCT),
UNICEF and Radda Barnen joined the Ministry of Social
Affairs and Women’s
Promotion (MASPF), through the Direction of Social Affairs, the Ministry of
Health, the Ministry of Natural
Resources and Industry, the National Council for
Childhood (CNI) and the Committee for Fight against Harmful Practices (CLCPN).
In this context, activities and pilot projects were carried out with children
through a process of training and the results were
very encouraging,
notwithstanding their poor dissemination.
20. The following paragraphs
describe progress made by area of activity.
Laws and regulations
21. From the point of view of the legislation,
there are in Guinea-Bissau favourable conditions for the application of the
Convention.
Meaningful progress in the development of the child can be brought
about if the laws, regulations and rules for the functioning
of some
institutions created since independence were duly applied and if those
institutions were provided with the necessary human
and material means to be
effective.
22. From the date of Guinea-Bissau’s adherence to the
Convention, no progress was made in its application until 1997, when the
People’s National Assembly approved the Bill on Child and Women’s
Protection. This legislation was prepared by an ad
hoc commission consisting of
deputies from different political associations, in conjunction with a
consultative commission, which
comprised different ministries. The revision of
the Penal Code, the rights of the family, the labour legislation and the statute
of jurisdictional assistance to minors is still in process. These instruments
will certainly give support to the application of
the Convention.
Health
23. Notwithstanding some constraints, meaningful
progress was made at the level of maternal and infant health, especially
regarding
the protection of under-five children and pregnant women, through
immunization campaigns against major diseases which affect them.
The national
immunization coverage against major diseases was estimated at 37 per cent in
1986 and 60 per cent in 1993; the BCG
coverage increased from 90 per cent to 100
per cent, the DPT3 from 50 to 66 per cent, the measles vaccination from 44 per
cent to
60 per cent and the TT2 from 29 to 33 per
cent.[2]
24. Meaningful progress was also made at the level of the essential drugs
programme, due to the regular supply of drugs to hospitals
and the normal
functioning of the central drug depot.
25. Some progress was also made at
the level of information, such as the publication of the bulletin of the
expanded programme of
immunization, epidemiological monitoring, printing of
posters illustrating themes related to immunization, production and
dissemination
of radio programmes, as well as a more frequent issue of the
community’s newspaper.
26. Furthermore, the intensification of the
policy to sensitize the population to participate in costs for hospitals and
drugs, through
community-based contributions, was well received. The result is
that 10 per cent of costs for essential drugs and 1 per cent of
the total
financing of the sector are covered by the population.
27. Another
advance in this area is the expansion of the Bamako Initiative, which has been
in its experimental phase in the region
of Gabu since 1989 and the results seem
to be very encouraging.
28. The sanitary management sector still faces
great needs, notwithstanding some progress identified in recent years. Studies
conducted
on this sector show 40 per cent progress, with slight variations from
region to region.
Education
29. Little meaningful progress can be reported
in this sector due to lack of information. In recent years, this sector has
relied
on many projects both at the level of the Ministry of Education and/or
NGOs. At the level of the Ministry, there is the Project
“FIRKIDJA”, which gives support to basic education, and the results
are very positive. This project was created as an
answer to the urgent needs
for training human resources for the development of the country
through a gradual resolution of problems, especially related to the access to
basic education, and to ensure a minimum level of achievement
for the few who
are able to reach this level. This fact inhibits the functioning of the
educational system to such an extent that
school becomes
impracticable.
30. The project will give support to the Government in the
implementation of a strategy, including the following actions:
− improvement of education so that basic schools can offer four grades of primary school, and even six whenever possible;
− school stationery and teaching guides for students, as well as continuous training of educators;
− improvement in the management of human resources within the Ministry;
− strengthening of institutional capacity in the matter of planning, management and appraisal; and
− creating a solid basis for the development of future projects and better definition of educational and training policy for the country.
31. This project has the following components and
activities:
(a) Access to school and gradual expansion of educational
infrastructures:
(i) Educational planning and management system;
(ii) Policy for encouraging girls’ schooling;
(b) Quality of basic education:
(i) Teaching and learning materials;
(ii) Pilot experiences in education (NGO);
(c) Strengthening
of educational management.
32. The objective of this project is to
alleviate poverty and contribute to better economic and social conditions in the
future.
The target groups are the population in urban and rural areas aged 7-12
;years, especially girls.
33. Furthermore, the project Yemberem
(kindergartens) and the project Pirilampo, to be implemented by AMIC in
Canchungo, are in process. According to 1991 data the illiteracy rate is about
70 per cent and more
than 80 per cent for
women.[3] The enrolment rate
in primary school is about 40 per cent and
decreasing.[4] The
secondary-level enrolment is about 4.2 per cent of the age group, and
3 per cent are girls. Only 2 per cent of children attending
secondary school
are able to complete this
level.[5] Girls, according to
the practices and customs of each ethnic group, are compelled to marry while
still adolescents, 13-14 years
old and of school age, and even before the age
allowed by law to
work.[6]
34. The
schooling rate for children aged 7-12 years maintains the level of 40 per cent
(51 per cent for boys and 28 per cent for girls),
being higher in the
regions of Biombo (62 per cent) and Cacheu (54 per cent) and lower in
the regions of Bafata (30 per cent) and
Gabu (23 per cent), with tendencies to
decrease. The schooling rate from grade 4 remains low, about 12.1 per cent, and
enrolment
rate decreases as the grade
increases.[7]
35. Only
6.2 per cent of the total number of students are attending secondary
school.
Water and sanitation
36. At the level of water and sanitation, the
indicators show meaningful progress. According to the 1991 data, only 20 per
cent of
the population living in Bissau and 18 per cent in regional towns had
access to piped water. In the same year, the proportion of
rural population
with access to water was estimated at 42 per cent. The level of sanitation in
regional towns is about 30 per cent
and 18 per cent at the rural and
semi-urban level. According to estimates, threequarters of transmitted diseases
and more than half
of deaths are due to the scarcity of water
resources.
37. The lack of water in schools, where children spend many
hours during the day, is another matter of concern. Many schools in the
country, mainly those located in towns do not have piped water for the needs of
thousands of children, who used to go from door to
door asking for water or are
compelled to use unsafe water for their needs.
38. In 1992, only 68 (10
per cent) of the total number of 639 schools in the country had public taps, 41
(6.4 per cent) had sanitary
means of excreta disposal and only 35 (5.4 per cent)
had pit latrines.
B. Constraints
39. The constraints identified in the
implementation of the Convention were related to the implementation of economic
measures imposed
by the structural adjustment policy. At the level of the
institutions, they are mainly related to the mobilization of material and
financial resources and the necessary human resources.
40. The
administrative budget of the Ministry of Public Health fell by nearly 27.4 per
cent since 1986, which represents some 8 per
cent of the State general budget
and 13 per cent of the total expenditures of the
Ministry.[8] This causes
serious constraints, not only with regard to the functioning of the Ministry,
but also with respect to the expansion
of its services and makes it dependent on
external funds. These funds cover 90 per cent of the total financing of the
sector and
100 per cent of costs for infrastructure, for which State expenditure
is only about 5 per cent. Therefore, the survival of this
sector is
threatened since external funds are not
permanent.[9]
41. With
regard to the programme for the importation of essential drugs, the sector has
only 5 per cent of State support. This means
that little meaningful
progress was made in this area; on the contrary, there has been a reduction in
the financial resources for
Public Health, which has caused a negative impact on
the supply of drugs, as well as on their distribution.
42. It is
important to point out that this sector enjoyed important and decisive external
support, which should encourage the Government
to increase its participation
substantially, given that 60 per cent of the external aid consists of
concessions and the remaining
40 per cent is in the form of loans under very
favourable conditions.
43. The easing of restrictions on trade and the
creation of a private sector in the pharmaceutical area have increased the cost
of
drugs, which became inaccessible for the poor among the population, who, most
of the time, can only afford part of their medical
prescriptions.
44. The
implementation of policies regarding the recovery of funds through the Bamako
Initiative is limited to health facilities and
has not yet been applied at other
levels. Therefore, it is necessary to conduct a basic education campaign for
the population accustomed
in the past to free assistance and are now confronted
with costs imposed by the measures of structural
adjustment.[1]
45. According to studies conducted in the sector, the indicators show
that the majority of women are only immunized after age 25,
whereas they have
children at 14-15 years of age.
46. There is a high level of abandonment
of DPTI/DPT3 immunization, mainly due to the absence of information and
irregular supply
of vaccines. In addition, women spend the majority of their
time working at home and cultivating land for the survival of their
family, and
therefore dot not have much time to visit health facilities for
vaccinations.
47. The high infant mortality rate is also another reason
for the low rate of women’s immunization at childbearing age (nearly
45
per cent).
48. From the epidemiological point of view, malaria remains
the most frequent cause of infant and maternal morbidity and mortality,
as well
as of abortions and underweight births, estimated at 12 per cent for both
genders. According to 1992 epidemiological bulletin
No. 1, most of the
registered cases were due to malaria. The lack of means for an adequate
diagnosis meant that the majority of
fever cases were considered as malaria
cases.
49. Severe diarrhoea is the second cause of infant mortality due
to malnutrition among mothers and children. To eradicate diarrhoea
it is
necessary to create structures which facilitate access to sanitation and safe
drinking water, and to conduct sanitary education
among the population with low
levels of knowledge about hygiene and sanitation.
50. Haemorrhages and
infections during pregnancy and childbirth, septic abortions and eclampsia are
the most frequent causes of maternal
mortality, which could be avoided by
continuous assistance to pregnant women and access to prenatal
care.
51. The low level of knowledge, conditioned by some practices and
customs, means that many women do not breastfeed their children
and introduce
complementary food too late or stop breastfeeding
abruptly.
52. Traditional practices and customs are causing serious
problems for children and women. The circumcision of boys aged 913 years
and
the partial or total excision of the clitoris in girls aged 712 years among the
Fula and Mandinga ethnic groups are the most
cruel and harmful practices.
Notwithstanding the harm caused by these practices, which have been strongly
condemned, there are no
effective measures at the national level to eliminate
them.
53. Finally, it is important to point out that the constraints
identified in the health and other social sectors are also due to other
factors
such as:
− Deficient supply of safe drinking water to the population with low levels of knowledge about hygiene and sanitation, both in rural and urban areas;
− Bad housing conditions as the result of an inadequate housing policy;
− Deficient nutritional levels, mainly among women and children;
− High levels of illiteracy, mainly among women;
− Inefficient coverage of means of social communication and other needs related to the lack of adequate equipment and human resources.
54. Traditional practices among some ethnic groups
are the reasons for the malnutrition among the women and children. Among some
ethnic groups, mainly in the northwest, women do not breastfeed their children
at birth. Among the Balantas, women cannot eat eggs
during pregnancy. In other
groups, they stop breastfeeding abruptly and introduce complementary food too
late in the child’s
diet.
55. The results of a study conducted in
1991 show that, apart from the combined level of severe and moderate
malnutrition, 59 per
cent of children aged 05 years fall below
minus 2 and 32.9 per cent below minus 3 standard deviations from
median weight for age.
The Ministry of Health reported a prevalence of
74 per cent of anaemia cases in women. The Hospital
Simão Mendes reported
18 per cent of underweight births.
Serious cases are identified in the north and east of the
country.
56. The same problems have been identified in education, as a
result of the reduction of the budget allocated to this sector. From
the
financial point of view, this sector relies on external funds, especially for
the construction and maintenance of infrastructure.
The State budget allocated
to this sector in 1997 accounted for 12 per cent of the State General
Budget just for salaries. This
was not enough to cover other current
expenditures, much less to allow investment in the rehabilitation and
maintenance of buildings
and educational facilities in Bissau and the regions,
which show a high level of deterioration.
57. From the point of view of
finance, the situation is very critical. Donors’ contributions to the
financing of major programmes
were too small. This situation leads to the
interpretation that the Government was not engaged enough in the process and,
therefore,
did not assume its obligations. To confirm that fact, we can say
that the State’s contribution to the budget provided for
the execution of
the plan of action was only 2.28 per cent, 6.27 per cent for
community support and 91.46 per cent for external support.
For these
reasons the Government shall engage itself in the process and assume its
obligations.
58. The creation of a physical space to tackle the various
problems identified by each donor was another constraint
identified.
59. An adequate partnership is to be identified in
operational models, as well as financial and material resources for the
execution
and implementation of many planned actions.
60. Another problem
was the absence of a database, which could help to follow the process in
general.
61. The absence of specific legislation on the implementation of
the Convention, judicial forums, specialized institutions and centres
to tackle
juridical problems, as well as qualified human resources, were also other
problems encountered.
C. Achievements
62. The results did not meet expectations. The
Government shall intensify its efforts in order to assume its obligations in
this
process, and facilitate the development of actions.
63. The results
obtained at the level of health were mainly related to immunization,
which substantially reduced the infant mortality
rate from
377 per 1,000 live births in 1988 to 140 per 1,000 live
births.
D. Impact of the Convention in the face of Guinean reality
64. The impact of the implementation of the
Convention in GuineaBissau can be measured at three levels: Government, civil
society
and family.
65. At the level of the Government, as the
institution responsible for its implementation and dissemination, the results
obtained
proved the positive political attitude of the Government in welcoming
the Convention, notwithstanding some constraints identified
in its
implementation. It is important to point out that this problem became a
matter of reflection and requires full commitment
from the
Government.
66. At the level of the civil society, the impact is
positive. This fact can be proved through the comments collected from people
in
public places such as markets, means of transport and others. These comments
always condemn certain practices and alert the Government
to the need for urgent
and adequate measures to facilitate the protection of children’s
rights.
67. At the level of the family, the impact of the application of
the Convention is increasing gradually, thanks to radio programmes
and
activities carried out by various State departments, specially the Ministry of
Social Affairs and Women’s Promotion, the
Ministry of Health and the
Ministry of Education, with the support of international organizations,
especially UNICEF and Radda Barnen.
68. The results at the level of
health were mainly related to immunization, which substantially reduced the
infant mortality rate.
This level is still high compared with
1988 levels.
69. In this process, there are changes in some
families’ behaviour, notwithstanding that some people consider it insane
to talk
about child rights, sometimes they feel as if they are losing control
over their children and any interference may create strains
in the
family’s relationship.
I. GENERAL INFORMATION
A. Land
70. GuineaBissau is
situated on the west coast of Africa. It has borders with Senegal in the north
and with the Republic of GuineaConakry
in the south and east. The
Atlantic Ocean borders it on the west. It has an area of
36,125 km2 and is marked by uplands such as the plateau of
Bafatá and Gabú, with the highest located in Boé. The
insular
part consists of the Archipelago of Bijagos, Bolama Islands, Pecixe and
several islands.
71. The most important rivers are Geba, Corubal, Cacheu,
Cacine, Tombali and Mansoa, which cross the continent producing varied natural
surroundings which condition human occupation and activities.
GuineaBissau’s coast is covered with mangroves, which penetrate
into the
interior.
72. Notwithstanding the strong influence of the seawater, the
rains, which fall from June to October, determine the environment and
the social
and economical life of the population. Therefore, the most important resource
of GuineaBissau is the water, the most
remarkable element in biological, social
and economical terms.
73. It is known that estuary seawater is the
richest, in terms of diversity of marine life. It is important to point out
that most
of the food production in these waters is due to the confluence of
different factors which allows the existence of a wide range of
species of
important commercial value.
74. The climate is tropical, warm and humid
with two seasons: dry and rainy. Notwithstanding the scarcity and the
irregularity of
the rains during the last decades, they regulate the annual
cycle of life of the country. If, on the one hand, the rains cause flooding
of
wide areas, ground erosion and destruction of roads, on the other hand they
revive the vegetation, providing a habitat for several
species of fauna. They
also fertilize the ground and control the saltiness of the estuary waters,
allowing Guineans to engage in
agriculture, the most important economic activity
of the country, through itinerant culture and the cultivation of swamp land or
bolanha rice and cashews.
75. The median temperatures are high,
with the minimum in January and the maximum in May. The thermal amplitude is
weak and increases
from the coast to the interior.
76. GuineaBissau is
divided administratively into eight regions and one autonomous sector, Bissau.
The regions are in turn divided
into 36 sectors, which, together with the
autonomous sector, makes a total of 37 sectors, which in turn are
subdivided into sections.
B. People
77. According to the 1991 general population and
housing census, GuineaBissau had 979,203 inhabitants and an annual growth
rate of
2.3 per cent between 1979 and 1991. During the same period,
the urban population increased from 14.2 per cent to
20 per cent. With
regard to the distribution of the population by
gender, 506,643 are women and 472,560 are men, which means that the female
population
represents 51.6 per cent of the total population, against
48.4 per cent for
men.[11] The total
population aged 0-18 years is 628,865 of whom 313,699 are women and 315,166 are
men.
78. Guinea-Bissau’s population is characterized by a median
population density of 27 km2.
For the autonomous sector the
annual median growth rate is 5 per cent which is twice the global
rate. This shows that rural exodus
is increasing more and
more.[12]
79. The
prenatal and neonatal mortality rate is approximately 10 per cent
(4.7 per cent prenatal and 5.6 per cent
neonatal).[13] The
post-neonatal mortality rate (between 1 and 11 months of age) is
9.2 per cent.[14]
The overall infant mortality rate is estimated at 145 per
1,000 inhabitants, 150175 persons in rural areas and 100-120 in urban
areas.[15]
80. In
1990, the maternal mortality rate was approximately 914 per 10,000 live
births.[16] 1990 data show
that life expectancy at birth was approximately 44
years.[17]
1. Ethnic groups
81. Guinea-Bissau’s 30 ethnic groups are
extremely diversified. They can be divided according to geographical and
language
classification, into two main groups: people living on the coast
(Manjacos, Papeis, some Fulas and Mandingas) and Sudanese people
or people
living in the interior of the country (Fulas and Mandingas). The largest ethnic
group is the Fulas, followed by the Balantas.
The former live in the east of
the country and their basic economic activity is commerce. The latter live in
the north of the Channel
of Geba and their basic economic activity is the
cultivation of swampland rice.
2. Language
82. The official language of Guinea-Bissau is
Portuguese, which is spoken by 10 per cent of the population, and only
1 per cent of
the population uses it daily. In addition there is
Creole, which is used by approximately 96 per cent of the population
as a language
of communication. Different ethnic groups nearly
80.4 per cent of the
population,[18] use national
languages.
3. Religion
83. There are three basic religions in
Guinea-Bissau: animism, Islam and Catholicism. Animism is the most important
religion of
the country, followed by Islam and Catholicism.
C. Economic indicators
84. Guinea-Bissau is classified as one of the
least developed countries and it occupies 163rd place among 174
countries. In 1991,
the revenue per capita was estimated at approximately
US$ 214, against a per capita debt of US$ 514. Also according to 1991
data,
GDP, in real terms, increased from approximately 2.8 per cent to
3 per cent.
1. Employment
85. Agriculture is the sector which employs the
majority of the active population - nearly 80 per cent - and
generates most of the
revenues. In 1991, global agricultural production
accounted for more than 50 per cent of GDP and represented
80 per cent export
revenues.
86. The non-formal sector is
visibly growing and it is the alternative for families facing the difficult
economical situation of the
country. The target groups of this sector are
women, young single mothers in particular, and children. This sector employs
the
majority of the active population during the rainy season, but it is
important to point out that during the dry season this labour
force moves to
other regions looking for work.
87. According to a 1990 feasibility study
on the promotion and development of microfirms and the nonformal sector in
Bissau, conducted
by the National Institute of Studies and Research (INEP) and a
survey conducted of the private sector, the labour market has different
strategies:
− Employment of salaried people;
− Use of unpaid family labour; and
− Use of assistants and apprentices.
88. It was
revealed that family labour is extensively used in these sectors and in the
majority of cases the revenues are sufficient
to cover the costs of housing and
food. This practice is used in almost 20 per cent of industrial
enterprises, 33.5 per cent of
the commerce sector,
28 per cent of the service sector and 14.2 per cent in
agriculture. In the service sector, 75.5 per cent of
firms use unpaid
labour or do not use any labour at all. In other sectors, some two thirds of
firms do not have costs for salaries;
69 per cent of unpaid workers
are employed in micro, small and medium firms. Only 30 per cent of
firms use salaried labour, and
are responsible for 69 per cent of the
total employment.
2. Public finance
89. The financial system of Guinea-Bissau is
weak and the macroeconomic environment, marked by inflation, a high public debt,
low
salaries and successive devaluations, among other things does not favour the
creation of selfsavings and incentives to investment.
It is important to point
out that longterm credit is not provided in the financial system of
GuineaBissau.
90. Studies conducted in 1995 show that one of the
weaknesses in GuineaBissau’s financial system is not only its reliance of
external funds, made available through bilateral and multilateral credit lines
to the private sector for the importation of goods
in shortterm operations, but
also the lack of institutions and the inability of the Government to obtain and
distribute national
revenues. According to the same studies, this reliance,
combined with an inadequate policy of public investment, caused the
accumulation
of high external debt, which represents
nearly 50 per cent of multilateral credits.
91. The
accumulation of debt is, in turn, due to the ineffective management of public
funds. Since independence, there is a permanent
imbalance between the budget
for the functioning of the Government and investment, and the Government has
always given justifications
for this fact.
92. To conclude, it can be
said that public finance in Guinea-Bissau is weak owing to the lack of revenues,
added to ineffective fiscal
and recovery policy. There is also a strong
reliance on the revenues obtained from exports and fishing
licences.
93. According to the same studies, the level of the money
supply was on average, 17.6 per cent of GDP during the period 19871989
and
15 per cent in 19911993. There has also been a systematic
reduction of the bank’s intermediation system in the economic activity
of
the country and the development of an informal market, which has caused a
negative impact on State revenues and the development
of the private sector,
both in trade and production.
D. International instruments related to human rights
94. The basic international instruments in this
matter are the Charter of the United Nations, the Universal Declaration of
Human Rights
and the Convention on the Rights of the Child.
II. GENERAL MEASURES OF IMPLEMENTATION
95. The ratification of the Convention on the
Rights of the Child by the Government of GuineaBissau proves that this country
welcomed
the Convention and its principles, which are similar to the principles
of its Constitution.
96. Based on this political will of the Government,
some approaches are being made in the application of the Convention through
MASPF,
with the development of various activities aimed at disseminating the
spirit of the Convention. Within this context, and with the
support of NGOs the
Government is giving special attention to the child’s problems.
Innumerable activities are being carried
out at the national level to sensitize
people, public authorities and organs of administration, educators and others to
the socialization
of the child and the community.
97. Furthermore, according
to 1997 AMIC report, hundreds of debates were conducted at the national level
which covered approximately
5,324 people. Juridical journeys were also
conducted, with the support of the civil society and NGOs. Their objective was
to collect
contributions for the preparation and implementation of legal texts
related to the juridical protection of the child and to proceed
with a greater
sensitization of deputies, judges and jurists on the vital importance of this
problem.
98. Other activities were also carried out at the level of
schools to disseminate some aspects related to the Convention, namely the
sexual
violation of minors.
99. Also in the matter of dissemination of the
Convention, 1,860 copies of the three publications of cartoons related to
the Convention
were produced by AMIC in Creole (the Djamburere collection).
The Convention has not been translated into other national
languages.
100. Another important aspect to be considered is the creation
of the National Council for Childhood (CNI), which includes the Permanent
Secretariat (SP) and the Interministerial Technical Committee (CTI), coordinated
by the General Direction of Social Affairs.
101. At the level of
cooperation with the civil society, within the context of the CNI a plan of
action has emerged from the annual
Child’s Fortnight and the
Children’s Parliament for the implementation and the application of the
Convention, as well
as to evaluate progress made in its
application.
102. Notwithstanding all these efforts, it is important to
point out that there is some problem of the connection between the different
institutions, NGOs and others dealing with children’s problems.
Furthermore, these institutions have no physical space for
a systematic and
regular exchange of information, in order to harmonize the efforts made by all
the parties involved in the process
or to plan future actions. This fact causes
the system to become extremely weak.
103. The validity and the
effectiveness of the existing legislation inherited from the colonial period,
especially Decree 417/71,
which approves the statute on jurisdictional
assistance to overseas minors, have been extended and their texts are still in
harmony
with the Convention.
104. Nevertheless, it is also important to
point out that the principles of the Civil Code, book IV, “Family
rights”,
title 1, “General principles”,
articles 1577 and subsequent articles, are in harmony with the Convention,
they establish
and define marriage, parenthood, relationship and adoption as
matters to be regulated by family law.
105. In terms of new laws, apart
from the abovementioned legislation, there is the Penal Code, which is in
the spirit of the Convention,
since it stipulates, in its title II,
chapter I, articles 11, 12, 13, and title III, section I,
“General principles”,
the criminal responsibility of the child. In
section I reference is made to physical integrity, while title I
adopts a set of rules
on nondiscrimination, human freedom, the right to life,
the exploitation of a minor’s labour and sexual abuse, among
others.
106. In practice, at the level of judicial services, the
legislation of GuineaBissau is insufficient and ineffective, since we cannot
think about justice for minors in the absence of competent courts for minors,
centres of crime prevention, training of competent
staff and specific
legislation on this matter.
107. At the national level, the section
related to the family and work in the civil jurisdiction of the Regional Court
of Bissau will
be responsible for cases related to the child and the family.
For all these reasons, the majority of laws related to the child are
written
promises.
108. The laws of GuineaBissau ensure to all citizens the right
to have recourse to a higher court, with the Supreme Court of Justice
the last
recourse. They also proclaim the right to invoke principles of universal rights
related to the defence of human rights
in general, as well as those related to
the Convention, and allow the child to have recourse to the courts for minors in
the defence
of his physical and moral integrity.
109. For the above
reasons, we can conclude that there is no constraint in the implementation of
the Convention which is contrary
to the existing national legislation. However,
the Government, concerned about this problem, created in 1997, through the
People’s
National Assembly, an ad hoc commission and a consultative
commission consisting of various ministries sensitive to the situation
of
children, to prepare a Bill on Child and Woman’s Protection and to revise
the Penal Code, Family Rights and labour legislation
and the statute on
juridical assistance to minors.
A. General legal context of human rights in Guinea-Bissau
1. Constitution
110. The Republic of
Guinea-Bissau, through its Constitution, ensures the protection of basic human
rights and other rights proclaimed in various laws and rules for the
implementation of universal
rights and their interpretation in harmony with the
Universal Declaration of Human Rights. The judicial power, through the judge,
is the organ of sovereignty which ensures and guarantees basic human rights and
the rights of the citizen.
2. Recourse
111. Juridical institutions, from small claims
courts to regional courts specialized in commercial and penal cases, ensure to
all
Guineans the right to have recourse and to defend their claims and interests
when threatened.
112. At the level of court of first instance, there is a
section which deals with cases related to family and labour, which is the
most
viable instance for stating and defending the rights within the jurisdiction and
competence of these courts. It is important
also to point out that the existing
judicial structures in GuineaBissau need a court for minors and an
administrative court specialized
in the matter.
3. Right to justice
113. Any citizen has the right to have recourse
to the competent institutions against acts which violate his rights as contained
in
the Constitution and the law, and justice cannot be denied for reasons of
lack of economic means.
114. All citizens are equal before the law and
enjoy the same rights, without racial, sexual, social, intellectual or cultural,
religious
or philosophical discrimination. Therefore, they can have recourse to
the existing judicial bodies in accordance with their respective
jurisdiction
and competence, i.e.:
− Small claims courts, also known as sectorial courts, for the resolution of simple cases related to social life, both in civil and criminal matters;
− Regional courts, also known as courts of first instance, whose competence is to decide on cases related to civil, penal and commercial matters and on appeals from the small claims courts.
115. In the
Regional Court of Bissau (civil jurisdiction), there is a section whose
competence it is to decide cases related to the
family and labour. The Supreme
Court of Justice is the highest judicial instance, deciding not only on appeals
from courts of first
instance, but also on constitutional and electoral matters.
In all these judicial instances the judge, in the exercise of his prerogatives,
is independent and shall only obey the law and his conscience.
4. International human rights and national jurisdiction
116. Guinea-Bissau, based on the constitutional
principles, has adhered to and ratified the international legal instruments
related
to human rights; these important juridical instruments can be used by
individuals and the public in all national institutions.
117. The
relationship between the international instruments and national legislation is
that the latter are strongly inspired by the
former which shall always be
considered even when they are not expressly recognized.
118. The rules of
the majority of international laws related to human rights are always considered
in the decisions and sentences
proclaimed by judicial bodies, even when they are
not provided in the national legislation. Administrative authorities show some
willingness to apply rules of international legislation related to human rights
in carrying out their duties, but most of the time
this is nothing but an empty
gesture. They must be encouraged to transform this into reality on a
comprehensive and permanent basis.
119. The situation is due to different
reasons: the unwillingness of some administrative authorities, the absence of
well-implemented
structure, the absence of qualified human resources to apply
these laws in practice, the lack of financial resources and other social
and
political factors, which cause a negative impact on the performance of the
authorities responsible for administrative structure.
120. There is in
Guinea-Bissau a Guinean League of Human Rights (LGDH), which is a national
non-governmental institution whose basic
objective is to promote and defend
basic human rights and liberties, according to the principles established in the
Universal Declaration
of Human Rights and in the African Charter of Human and
Peoples’ Rights.
B. Information and publicity
121. In Guinea-Bissau, as in any African
country, the family does not sidestep the rules for the socialization of
children. It inculcates
in the children the basic rules of their life and
social relations and prepares them for future responsibilities. When the child
enters school, he has already gained some knowledge about his environment and
the world around him.
122. Since 1991, with the development of the mass
media, children are getting more and more information due to the increasing
number
of newspapers, and private and community-based radio broadcasts aimed at
giving support to actions for development. There are presently
in GuineaBissau
10 newspapers, 1 magazine, 6 radio stations and 2 television
stations.
123. Children’s duties and rights have become a matter of
concern in recent years and efforts have intensified through the creation
of
projects and actions targeted at children. These projects and actions produce
radio programmes, especially the programme “Child’s
Voice”,
during which different themes are debated, such as the legal situation of minors
and the flagrant violation of children’s
rights, among others.
Furthermore, some issues related to children are published regularly in
newspapers.
124. Among actions carried out by children themselves are the
organization of theatre plays to show their concerns regarding the basic
rights
established in the Convention, debates and other kinds of cultural
manifestations.
125. Since the ratification of the Convention by
GuineaBissau in 1990, few mechanisms have been adopted to facilitate its
implementation.
Nothing was done at the juridical level, apart from the Penal
Code whose revision is still underway. The existing legislation is
inherited
from the colonial period. The following administrative structures were
created:
− The National Council for Childhood;
− The Child’s Fortnight; and
− The National Parliament for Children.
126. The
National Council for Childhood
(CNI)[19] is the organ
responsible for the development and the implementation of all aspects related to
the child, mainly regarding his survival,
protection and development. It shall
prepare and propose to the Government a plan of action for childhood, as well as
study, create
and propose to the Government a package of legislation or other
types of legal instruments to improve the rules and regulations related
to the
child’s environment. In addition, it shall cooperate with the Government
in the coordination of the infant policy in
GuineaBissau and to promote the
introduction of the component “child” in development projects,
mainly those of a social
nature. It shall also prepare every three years
accounts including all written proofs and prepare every semester a progress
report
showing progress made and constraints identified in the application of
the Convention. Finally, it shall provide to auditors from
Radda Barnen and
UNICEF all documentation they may need for the management of the resources made
available. This Council comprises
the following ministries:
Ministry of
Social Affairs and Women’s Promotion (President);
Ministry of
National Education;
Ministry of Health;
Ministry of Justice and
Labour;
Ministry of Industry and Natural Resources;
Secretary of
State of Culture, Youth and Sports;
General Direction of
Planning;
General Direction of Social Communication;
Secretary
of State of Energy;
Child-Friendly Association; and
National
and international NGOs dealing with child’s problems.
127. Also
within this context the following structures were created:
An office for
coordination;[20]
A
permanent
secretariat;[21]
The
technical inter-ministerial
committee.[22]
128. Among
the actions carried out, a National Plan of Action for Childhood was created and
an Ad Hoc Commission for the Child and
Mother.
1. Other mechanisms
129. The Child-Friendly Association (AMIC) is a
national NGO in the social and humanitarian area, created in 1984 by a group of
young
people, whose objective is the development of the Guinean child and the
protection of his natural and basic rights, through community-based
action.
130. The Committee for the Fight against Harmful Practices was created on 24 November 1995 and it is aimed at fighting against all types of harmful practices. At the level of children, it develops actions to condemn the practice of female excision, compulsory and premature marriage and harmful nutritional practices.
2. Other actions
131. Many actions were
carried out by AMIC namely: the dissemination of the Convention throughout the
national territory; legal assistance
to
minors,[23] actions for
mobilization and sensitization; actions in partnership with the
Government[24] and other
NGOs.[25]
132. Concerning
the issue of child’s
labour[26] the following
actions were carried out:
training for children;
training for
community workers in urban areas;
the social and juridical protection of
the child;
information and sensitization;
sport and cultural
activities;
medical assistance and sanitation.
133. Enda-Bissau
and GUITEC give support to professional training for children and young
people.
III. DEFINITION OF THE CHILD
134. Article 1 of the Convention on the Rights
of the Child, as well as the Constitution of GuineaBissau, are unanimous in the
definition of child as any individual aged less that 18 years, unless otherwise
established
in the laws applicable to the full legal age.
135. In
GuineaBissau, law No. 5/76 determines that “Any individual, either female
or male, when he/she reaches 18 years, has
full capacity to use his/her rights
and to govern himself/herself and to dispose of his/her
properties”.
136. The Penal Code in force in the country stipulates
in its article 10, together with article 12, that any individual is subject
to criminal prosecution when he reaches 16 years of age. It also stipulates
that punishment, depending on the type of violation,
is specially mitigated in
cases of delinquent people aged more than 16 and less than 20 years.
137. Decree 20/83 of 9 July establishes that any individual aged 18-25
years is subject to compulsory military service. However,
this legislation also
establishes that boys under 16 who
want to perform military service, shall submit a request to the Chief of
Staff of the Armed Forces, including their birth certificate,
certificate of
school attendance, and an attestation of emancipation duly signed by their
parents or tutors.
138. In GuineaBissau, according to the Constitution,
the biological parents (father and mother) are responsible for the education of
their child, as established in article 26 together
with article 16 of the
Constitution. However, this rule is not applicable in practice, as, according
to customary laws, the child is educated according to the cultural
values of
each ethnic group. For instance:
(a) It is common that in traditional
societies the customary law allows the head of the family to marry more than one
woman. In
these cases, the biological mother is not always responsible for the
education of her children;
(b) Furthermore, children are separated from
their biological parents to be educated by other people in the system of
Mininos de Criaçon. It is important to point out that depending
on the cultural values of each ethnic group and the customary law, once the
child is
far from its biological parents it has better conditions for its
education and learns how to behave in society. This fact is extremely
important
because it meets some principles established in the Constitution and the
Convention.
139. In GuineaBissau the child is an important source of
revenue for the family and for the economy in general, but the use of the
child’s labour is harmful to his development.
140. There are also
important disparities between girls and boys. Girls are highly penalized not
only at the level of the family
but also in the society in general. They are
discriminated against in all social spheres, especially in the matter of
training and/or
education.
A. Work
141. Work is what a man does. Within this
context, the Government has created, through article 46 of the Constitution,
legislation which governs work relations (General Labour Law) in the country.
From the social and legal points of view, the statute
of the civil service,
inherited from the colonial period, was not in accordance with the spirit of the
labour policy adopted by the
Government in the implementation of the
constitutional principles on this matter.
142. However, the number of
children who are currently working in the non-formal sector is increasing
considerably and the child is
compelled to do the same work as an adult, often
in difficult circumstances and highly dangerous conditions. This fact is
contrary
to the constitutional principles and the spirit of the labour
legislation. In administrative terms, this situation is due to an
ineffective
labour policy carried out by the Government and to the serious economic and
financial crisis of the country. No measures
have been taken to put an end to
or to alleviate this situation.
B. Marriage
143. Article 1577 of the Civil Code defines
marriage as a contract signed by two people of different genders who want to
form a family
legally through a full communion of life. It also establishes, as
a general rule, the age of 16 for boys and 14 for girls as the
minimum age
allowed for marriage, and always subject to the consent of the parents, tutors
and/or educators. When these procedures
are not followed, the betrothed minor
can oppose the marriage according to civil registration laws, which means that
the marriage
can only be celebrated once the court for minors has decided that
it is legal.
144. The Civil Procedure Code, inherited from the colonial
period and which is still in force in the country, contradicts the various
laws
relating to legal full age, as it states that any citizen aged 18 years is
legally responsible for his acts. The Penal Code
prohibits sexual relations
between individuals under 18 and establishes the age of 18 as the legal age for
marriage.
145. In this matter, we cannot talk only about the written
legislation, because the social life of Guineans is ruled by the customary
law,
which does not always conform to the written legislation. Premature and
compulsory marriages are current practices accepted
by customary law.
IV. GENERAL PRINCIPLES
A. Non-discrimination
146. The Constitution
of GuineaBissau in its article 24 establishes that all citizens are equal before
the law and enjoy the same rights and are subject
to the same duties, without
discrimination on the basis of race, gender, social, intellectual or cultural
level, religion or philosophical
belief. These principles are in accordance
with article 2 of the Convention.
147. Even though the Constitution
condemns any type of discrimination among people, there is in practice some
discrimination related to disabled people, persons with
Down’s Syndrome,
albinos and twins. This is due to the lack of specialized centres, schools and
professional training, or
health facilities for these people.
B. Best interest of the child
148. With regard to the status of parents of
legitimate and illegitimate children, article 26 (1) and (2) of the
Constitution of GuineaBissau establishes that all children are equal before the
law, independent of the civil status of their parents. Law No.
4/76 also
abolishes discrimination between legitimate and illegitimate
children.
149. GuineaBissau ensures, through article 32, together with
articles 29, 30, 32, 34, 37 and 38 of the Constitution, the right of any
citizen to have recourse to administration institutions independent of his
economic status. In addition, the Constitution ensures to the child access to
the courts to protect his interests, through the Attorney-General of the
Republic (the protector of
minors).
150. With regard to health and
education, the Constitution of GuineaBissau in its articles 15, 16 and
26 (3) ensures technical and medical assistance to the child, as well as
complete training.
151. Finally, with regard to culture, GuineaBissau,
through article 17 of its Constitution, stipulates that adequate conditions
shall be created and promoted to preserve the child’s cultural identity,
as a factor encouraging
the harmonious development of society.
152. However, not all of what is said above is applied in practice; the
reality shows that the Government of GuineaBissau still has
a lot to do, and
what has been done has not met the expectations.
C. Right to life and development
153. The Constitution ensures the right to life
of all citizens in general, especially with regard to the security of
children’s lives. This principle
is duly provided in our legislation,
which establishes that no one has the right to kill anyone else and the right to
life of children
is expressly established. The legislation expressly prohibits
infanticide during his first month of life. It also prohibits the
grandfather
or grandmother from killing their grandchild for the simple reason that he was
born with a physical deformity or disease
caused by practices and customs of
their ethnic group.
154. On the other hand, in order to ensure the
survival of the child, the legislation establishes that food is a basic need for
the
child. The individual or institution responsible for orphans shall ensure
that they receive food. This principle is not applied
in practice, as there are
not enough institutions and centres to take in orphans.
D. Freedom of expression
155. The Constitution states that all citizens
have the right to freedom of expression and the right to express their opinion.
However, the child’s
opinion in Guinean society is not considered for the
simple reason that he is a child. However, some meaningful progress is being
made on this matter with the implementation of the Convention.
V. CIVIL RIGHTS AND FREEDOM
156. The Constitution of GuineaBissau recognizes
for all citizens the right to personal identity, civil capability, citizenship,
reputation, image and
authority, and individual or family privacy.
A. Name and nationality
157. It is through birth registration that a
person certifies his identity and parenthood. It is also through registration
that a
person gets the necessary documentation to prove his citizenship and
nationality. All this represents a guarantee to the child to
have a name and to
belong to a family.
158. For abandoned children, the Delegate of the
Attorney-General of the Republic (the protector of minors) decides on their fate
in accordance with the law.
159. The legislation of GuineaBissau
stipulates that any child born within the territory of GuineaBissau shall be
registered within
the 30 days following his birth, at the registry office
located in the administrative area where the child was born. This registration
establishes the civil identity of newborns, through the representative of the
minor and the competent institutions in this matter.
160. Any individual
is considered a Guinean citizen who was born in the territory of the Republic of
GuineaBissau before the date
that law No. 1/76 became effective, which
establishes rules for the attribution of Guinean nationality. Any individual
born outside
the national territory before that date and whose father and mother
have Guinean nationality, may, up to 31 December 1976, declare
that he
renounces Guinean nationality when he reaches majority, or through his legal
representative if he is a minor. Individuals
born in the national territory
after that date are considered Guineans, if they meet some of the following
requirements:
(a) To be born of a father or mother with Guinean
nationality;
(b) To be born of stateless parents or parents with unknown
nationality; and
(c) To be born of foreign parents not living in the
national territory in the service of their State, and if they do not declare
that they renounce Guinean nationality when they reach majority or through their
legal representatives if they are disabled. Newborns
found abandoned in the
national territory are considered to have been born in the territory, unless
otherwise established by the
law.
161. Children born in foreign
territory and whose father or mother is Guinean are considered Guineans if they
meet some of the following
requirements:
(a) Their father or mother is
living in that territory at the service of the Guinean State;
(b) They
declare themselves, or through their legal representative, that they want to be
Guineans and have their births registered
at a Guinean registry office, by
themselves or through their legal representatives.
B. Preservation of identity
162. Once identity has been
established in accordance with all the necessary civil registration procedures,
no one has the right to
change his identity.
C. Freedom of expression
163. The Constitution of GuineaBissau, in its
article 51, stipulates that all Guineans have the right to express their
feelings freely using any means
at their disposal. The use of this right cannot
be denied or limited by any type or nature of censorship.
D. Freedom of thought, conscience and religion
164. The Constitution of GuineaBissau in its
article 52 recognizes and gives protection to the freedom of conscience and
worship, and ensures the freedom
to practise any religion. In addition, the
Constitution in its articles 54 and 55 admits the freedom of thought,
association, and peaceful assembly in public places in accordance with the
law,
apart from any kind of authorization and public interference. The State also
cannot dissolve associations or suspend their
activities, unless otherwise
provided in the law and in accordance with a judicial decision.
E. Freedom to form associations and to hold peaceful meetings
165. The Constitution of GuineaBissau in its
articles 45 and 50 allows any individual the freedom to form associations and
hold peaceful meetings, as a
means for intellectual, artistic and scientific
development. It also recognizes the freedom and the right to inventions,
productions
and the dissemination of scientific, literary and artistic works and
it also ensures protection to copyrights.
F. Protection of privacy
166. The Constitution of GuineaBissau in its
article 48 prohibits the violation of the home on any account, as well as the
violation of individual and
family privacy. Furthermore, it prohibits pursuit
in households with the purpose of obtaining information without a previous order
from the competent judicial entity. The purpose of this constitutional
provision is to ensure and protect the private life of all
citizens, especially
children and families. It also expressly prohibits the violation of private
correspondence.
G. Access to adequate information
167. The Constitution establishes in its article
34 that all individuals have the right to information and the Government gives
special attention to the
child in this matter, through public institutions and
some national NGOs, namely: the Ministry of National Education; the Ministry
of
Social Affairs and Women’s Promotion; the Ministry of Public Health; AMIC;
the Guinean League of Human Rights; the Centre
for Information and Juridical
Orientation. Radio programmes are produced for children such as Bambaran di
Padida, Mininessa di ahós garandessa di amanha, Child’s
voice, etc.
H. Prohibition of torture or cruel, inhuman and
degrading treatment or punishment
168. The Constitution
in its article 37 defines clearly that the moral and physical integrity of the
citizens is inviolable and no one shall be subjected
to torture or cruel,
inhuman and degrading punishments. Man shall not be subjected to hard labour
and measures intended to limit
his personal freedom, whatever their duration may
be. This same article also establishes that any individual is responsible for
any criminal act he may commit.
VI. PRESERVATION AND PROTECTION OF THE FAMILY ENVIRONMENT
169. The State of GuineaBissau allows the right
to form a family and ensures its protection according to article 26 of the
Constitution of the Republic.
170. The family unit is the basic and
irreplaceable environment of the child. It ensures to the child the necessary
psychological
elements for the development of his personality. For that reason,
the child shall not, on any account be separated from his family
or natural
environment. GuineaBissau, in order to ensure the protection of children in a
situation of war, has preserved some child
welfare institutions created since
the National Liberation War, to take in minors in difficult situations. In
1995, the Government
of GuineaBissau welcomed the SOS village, an international
NGO,[27] whose objective is
to minimize orphans’ or abandoned children’s needs, through the
creation of necessary conditions for
their complete development within a
family-like, healthy and affectionate environment.
A. Responsibility of the parents
171. The child’s parents or relatives are
responsible for the education of the child and for that reason they are
responsible
for their rights, survival and education.
B. Family orientation of the child
172. Children’s parents or relatives are
responsible for their education throughout the childhood and shall decide on the
type
of education and professional orientation for them.
C. Children not living with their parents
173. In case of divorce, law No. 6/76 provides
for the protection of the family, but this objective has never been reached
since the
separation of families became current practice in GuineaBissau, and
this fact is negative for the child. The Regional Court of Bissau
is the only
competent court to rule on the exercise of paternal power on behalf of the
minor. The care of the minor can then be
awarded to his father or mother or to
another person or educational institution, according to the principles of the
Civil or Family
Code.
D. Reunification of the family
174. In general, the spirit of law No. 6/76 is
to protect marriage and, therefore, the family.
E. Travel and illicit detention
175. The Guinean Constitution establishes in its
article 53 that all Guineans have the right to travel freely to any place within
the national territory. However,
the Penal Code criminalizes and condemns
illicit detention, especially related to individuals under
18.
176. Finally, with regard to travel outside the country, especially
of minors, the Government of Guinea-Bissau establishes that the
person
responsible for the child during the travel shall
submit to the competent authorities all necessary documents related to his
identity, as well as the identification of the child’s
parents or
child’s birth certification and/or certificate of emancipation duly signed
by his parents. This measure is intended
to protect the child and avoid illegal
entries and exits of children.
F. The guarantee of food
177. In this matter, the law establishes,
according to the court’s decision, that necessary food shall be guaranteed
to the
child.
178. The person legally responsible for his education shall
ensure necessary food for the child. When the person is a civil servant,
an
amount is deducted from his salary to cover costs for food, lodging and charges
related to the child’s education. With
regard to private employees, the
employer shall be the trustee.
G. Children not living in households
179. If for some reason the child is not living
with his family and/or educator, or at an institution responsible for his
education,
he shall be sent to the competent administrative institution in
charge of child protection.
180. In the case of orphans, the procedure is
more comprehensive, including judicial and social procedures and the
intervention of
all institutions responsible for the protection of
children.
H. Adoption
181. The Constitution, in accordance with the
Civil Code in force, establishes the judicial procedures for the adoption of the
child, according to the
decision of the regional court (family and labour
section). Therefore, article 1974 of the Civil Code establishes the following
rules for the adoption of a child:
− The adoption shall be advantageous for the child;
− The child shall be aged less than 14 years and not emancipated;
− The adoptive parent shall be aged more than 25 and less than 60 and be married more than five years and not legally or voluntarily separated;
− The adoption shall be made with the full consent of the child when he is aged more than 14 years, unless he shows some mental disability.
182. There are also two kinds of adoption: full
and partial.
I. Periodic review of placement
183. Guinea-Bissau has no orphanages or child
welfare centres to take care of abandoned children or children living in the
street.
Apart from the three existing boarding schools, in bad condition and
with great material and financial needs, there are some private
nurseries and
kindergartens that receive children in half-board regimes and some
community-based kindergartens in Bissau and the
regions. Probably the only
reference we have in the matter of orphanages is an SOS Village in Bissau, which
is functioning properly.
J. Abandonment or neglect, physical and psychological rehabilitation
184. The legislation of Guinea-Bissau, through
decrees 417/71 and 484/71, which approve the statute for judicial assistance to
minors
and the rules for jurisdictional assistance to minors, respectively,
establishes the treatment to be given to the child in these
circumstances.
However, these rules are not applied in practice. There is no specialized
centre in Guinea-Bissau in this matter,
apart from the two centres for mental
and motor rehabilitation, both in bad condition.
VII. HEALTH AND WELL-BEING
185. The Constitution of Guinea-Bissau in its
article 15 is in accordance with the spirit of the Convention and defines public
health as one of the basic
principles of the Government to promote the physical
and mental health of the population and their well-balanced insertion in their
social and ecological environment. However, this constitutional principle is
not completely applied in practice, as health facilities
in Guinea-Bissau are in
bad condition, due to the inefficient management.
186. On the other hand,
the galloping poverty and the low level of purchasing power prevents the
population from access to health
facilities, which only ensure medical
assistance; all medical prescriptions must be procured by the
population.
A. Children with disabilities
187. Even though article 22 of the Convention
establishes that disabled children shall enjoy from the State all necessary
conditions
to ensure their dignity and autonomy and to facilitate their active
participation, this principle is not applied at the juridical
and social
levels.
188. No measure was adopted at the juridical level to give
assistance to disabled children, apart from decrees No. 417/71 and No.
484/71
approved by the former Ministry of Foreign Affairs and which will be kept in
force until the creation of specific legislation
on this matter. These decrees
are no more than “written promises”. From the social point of view,
there is no specific
measure related to education, health, social assistance and
professional training to facilitate the independence and insertion of
disabled
children in society which means that children are treated like other
citizens.
189. In the matter of disabled children, the Constitution makes reference
only to veterans. This target group was at the centre of the Government’s
concern during the period 1986-1990.
In January 1996, in accordance with a
decision of the Head of State, a commission consisting of members of the
Presidency and the
Secretary of State for Veterans was created at the level of
the National Insurance and Provident Society to study the possibilities
for the
establishment of a National Association for Disabled People. In February 1997,
a campaign of sensitization and a week of
solidarity with disabled people were
organized with the participation of the National Union of Blind People (UNAS).
Later, the first
indicative survey of disabled people was conducted at the level
of the autonomous sector, and the results are as follows:
TABLE 1
Number of people showing some kind of disability, by gender, age group and type of disability
Gender(%)
|
Age group
|
|||||||
|
M F
|
Children
|
Adolescents
|
Young persons
|
Adults
|
Old people
|
Middle-aged people
|
Total
|
Physical disability
|
63 37 |
303
|
181 |
193 |
365 |
268
|
44 |
1 354
|
Blindness
|
52 48
|
52
|
50
|
53
|
349
|
652
|
30
|
1 186
|
Ambliopya
|
52 48
|
49
|
29
|
53
|
265
|
381
|
30
|
807
|
Deafness
|
55 45
|
87
|
58
|
64
|
158
|
163
|
13
|
543
|
Paralysis
|
54 46
|
136
|
46
|
67
|
114
|
78
|
19
|
460
|
Epilepsy
|
60 40
|
47
|
38
|
74
|
123
|
34
|
6
|
322
|
Hansen’s disease
|
67 33 |
3
|
8 |
18 |
113 |
153
|
11 |
304
|
Elephant-iasis
|
23 77 |
1
|
4 |
15 |
133 |
145
|
9 |
307
|
Deaf-mutism
|
76 24
|
5
|
13
|
29
|
133
|
93
|
10
|
283
|
Hemiplegia
|
59 41
|
56
|
35
|
27
|
58
|
14
|
5
|
195
|
Handicapped
|
60 40
|
47
|
15
|
16
|
41
|
45
|
13
|
178
|
Stammer
|
70 30
|
61
|
32
|
11
|
35
|
18
|
8
|
157
|
Atrophy
|
66 34
|
16
|
3
|
13
|
67
|
43
|
8
|
150
|
Insanity
|
54 46
|
1
|
5
|
11
|
41
|
25
|
7
|
90
|
Tuberculosis
|
55 45
|
9
|
12
|
15
|
32
|
12
|
6
|
86
|
Mutism
|
66 34
|
39
|
12
|
10
|
14
|
5
|
1
|
81
|
Mental backward-ness
|
58 42 |
11
|
12 |
13 |
26 |
11
|
1 |
74
|
Language disability
|
54 46 |
5
|
4 |
5 |
3 |
3
|
- |
20
|
Total
|
54 46
|
928
|
557
|
687
|
2 070
|
2 143
|
221
|
6 597
|
Source: Alexandre Furtado, “Guinea-Bissau and the
Convention on the Rights of the Child”.
TABLE 2
Number of people showing some kind of disability, by region, gender and type of disability
Gender
(%)
|
Type of disability
|
||||||
|
M F
|
Motor
|
Sensory
|
Psychological
|
Associated
|
Others
|
Total
|
Oio
|
65 35
|
607
|
478
|
100
|
157
|
211
|
1 553
|
Gabu
|
43 57
|
428
|
454
|
86
|
60
|
358
|
1 386
|
Bissau
|
54 46
|
812
|
394
|
60
|
90
|
8
|
1 364
|
Bafata
|
52 48
|
423
|
647
|
95
|
62
|
83
|
1 310
|
Biombo
|
51 49
|
375
|
428
|
32
|
95
|
15
|
945
|
Tombali
|
60 40
|
178
|
229
|
47
|
30
|
3
|
487
|
Cacheu
|
57 43
|
|
|
|
|
|
|
190. The first National Conference on Disabled People, which was held
during the same period, approved the creation of a National
Association for
Disabled People whose statutes have never been
approved.[28] Furthermore,
some important recommendations issued from this conference related to disabled
people, mainly at the levels of health,
education and social communication.
However, nothing was done in practice. After this conference the Government and
public and
private institutions again neglected this problem.
191. At the
level of NGOs, there is a National Association for Health Development (ANDES),
which has two projects, a medical clinic
and a community-based rehabilitation
centre. The objective of this project is to improve the physical,
psychological, social and
economic situation of disabled children and young
people aged 0-25 years. It intends also to offer possibilities of
rehabilitation
to disabled people and to improve their social insertion in and
acceptance by Guinean society, as well as to encourage local production
of
prostheses using local material resources. This project also has a
child-friendly home, which gives support to disabled children
suffering from
paralysis, epilepsy, learning disability, lack of sensory response, mental
disability, difficulty in hearing/talking
and seeing.
192. Medical
assistance in the rehabilitation and insertion of disabled children is given
through specialized centres and institutions
for disabled people, which provide
better assistance and produce and supply prostheses at low cost, as well as
training for families
for follow-up purposes.
193. The social insertion
of disabled people is accomplished through the encouragement of disabled
children and their families in
the use of their rights and values, as well as
the sensitization of the community such as neighbours, educators, social
experts,
religious people, doctors, etc. on the importance of this project. The
insertion also takes place at the level of schools and participation
in
community-based activities. The economic insertion of disabled people is done
through micro-projects which produce revenues.
194. Adequate measures
shall be taken and there are signs of some concern and attention from the
Government, through the MASPF, in
the promotion and application of the
Convention in creating the CNI. Nothing was done at the level of the MASPF,
apart from the
timely resolution of some rare cases. An association was created
to give support to disabled people, but it is not functioning at
present owing
to a lack of material and financial resources.
195. At the level of curative
and preventive institutions, there are only two centres for motor and mental
rehabilitation, the latter
located in Bra-Osvaldo Vieira. The motor
rehabilitation centre or prosthesis centre was inaugurated in June 1992. Its
objective
was to offer outpatient medical consultations and post-operative
physiotherapy, as well as to manufacture and maintain prostheses,
various kinds
of orthopaedic corsets and other devices, initially for veterans and later on
for disabled people in general. In 1985,
this centre received 1.2 per cent of
the budget of the MINSAP; 64 per cent of this budget was intended to cover
personnel expenditures.[29]
The centre has a specialist doctor, 1 nurse, 8 assistants and 10 high- and/or
medium-level experts.
196. When the funds from the Netherlands ended, the
centre ceased operations; presently only 5 per cent of its
services are functioning,
and these depend on materials donated by interested
individuals. The centre only assists individuals who can pay for their
treatment
or have the possibility of being assisted abroad.
197. The
mental rehabilitation centre located in Bra-Osvaldo Vieira was also created with
Dutch funds and its objective is to give
specific preventive and curative care
in the rehabilitation and the insertion of mentally disabled
people.
198. In the matter of training facilities for disabled people,
basically nothing was done. Disabled people attend the same schools
as normal
people. The existing structures have never taken this group into consideration.
The professional insertion of disabled
people does not receive any special
attention from the Government.
B. Health and medical services
199. The health situation in Guinea-Bissau
shows high levels of infant mortality and morbidity. This is mainly due to the
prevalence
of major diseases such as malaria, diarrhoeal diseases, acute
respiratory infections, as well as tuberculosis, sexually transmitted
diseases,
leprosy, anchylostomatiasis, onchocerciasis, measles, malnutrition and neonatal
tetanus, among others. Furthermore, the
lack of financial resources is also one
of the constraints to the functioning of health facilities, with serious
implications for
the supply of essential drugs, rehabilitation, construction and
maintenance of infrastructures, supply of necessary equipment, and
material and
human resources.
200. As noted earlier, the chaotic financial situation
of this sector causes innumerable problems and constraints not only in its
functioning but also in the expansion of its services, and places it in the
continuous reliance on external funds: 90 per cent of
the total financing of
the sector and 100 per cent of expenditures in infrastructure are covered by
these funds, in which the State’s
participation is only 5 per
cent.[30] With regard to the
programme of importation of essential drugs, the State’s participation is
also only 5 per cent. However,
this difficulty was overcome and meaningful
changes were made with the easing of restrictions on trade and the creation of a
private
sector in the pharmaceutical area.
201. If we can say, on the one
hand, that some progress was made in this sector, it represents, on the other
hand, high costs for
the population, who sometimes can only afford part of their
medical prescriptions. Therefore, traditional medicine is assuming an
important role in the resolution of the health problems of
poor people, as it is
the only recourse in case of disease or injury.
202. According to the
National Health Development Plan (PNDS) the quality of health services in
hospitals is poor, mainly due to the
emergence of private clinics, lack of
incentives, frequent interruptions in the supply of materials, reagents and
drugs, damage to
equipment, etc. Furthermore, the poor economic situation of a
great number of children is another factor to be considered, added
to
deficiencies in the health coverage of maternal and infant health services.
Nutritional taboos are also one of the reasons for
the prevalence of
malnutrition among children.
203. It is also important to point out that
excision and premature marriage among girls are also the main reasons of
maternal and
infant mortality.
204. To minimize this situation there are
national support programmes, such as the maternal and infant health and family
planning
programme, the malaria programme, the expanded programme of
immunization, management of diarrhoeal diseases, leprosy, tuberculosis,
sexually
transmitted diseases and HIV/AIDS, malnutrition, onchocerciasis, hygiene and
sanitary services.
C. Social security and services and facilities for assistance to the child
205. The right to social security is closely
linked with paid professional activities.
206. The Constitution in its
article 46 guarantees the gradual creation of a system able to ensure social
security to the worker in old age, illness or
disability for work. Furthermore,
decree No. 27/85 of 21 June approves the rules of the Social Security Fund in
providing:
(a) Assistance to national workers in case of illness,
according to decree No. 5/75 of 25 October;
(b) Assistance to
national citizens in a difficult financial situation, who, in the opinion of the
national medical council, need
to be evacuated abroad for medical
assistance;
(c) Assistance to independent workers registered with the
system, according to the law.
207. Decree No. 5/86 of 29 March
establishes conditions for the General Regime of Social Security
for:
(a) Workers who carry out activities in the sectors of trade,
industry and services;
(b) Workers who carry out activities in the
agricultural and other sectors of activity, when the identity of their employers
is known;
(c) Assistance to the families of workers in case of illness,
maternity, infirmity, old age, death, occupational illness or work
accident.
208. For the above reasons, workers shall be registered in the
social security system apart from civil servants, and a superannuation
is
deducted from their salaries.
209. In Guinea-Bissau, the fact that 80 per
cent of the active population are employed in the agricultural sector and the
very structure
of employment in micro-industries and the non-formal sector,
which employ family labour in the majority of cases, means that the
great
majority of the population, especially children, are not covered by the above
laws.
210. Social security for civil servants has not been applied in
practice for a long time. The Government is now creating mechanisms
for its
implementation.
211. Children enjoy the assistance of some NGOs and
international organizations, which finance community-based kindergartens to
ensure
their education during the first years of life and to allow their mothers
to participate in activities for their development.
212. It is important
to point out that the existing boarding houses accommodate 3,027 children who
receive assistance in food, with
the support of a joint Government/World Food
Programme.
D. Standard of living
213. Some efforts were made by the State, and
some national and international NGOs to improve the standard of living of the
population,
notwithstanding the identification of great needs in some sectors,
namely, housing, sanitation and access to safe drinking water,
among others.
However, other sectors, i.e. support for the economic activities of women,
mainly in rural areas, have enjoyed special
attention from national and
international NGOs during recent years.
VIII. EDUCATION, RECREATION AND CULTURAL ACTIVITIES
A. Education, including training and professional orientation
214. Families are,
above all, responsible for the education and professional training of children.
This means that children shall
have access to basic education through formal
schooling or non-formal education.
215. The Constitution safeguards the
right to education in its articles 49 and 50 where it establishes that the State
is responsible for the promotion
of free and equal access of all citizens to
different educational levels and ensures to children the right to formal,
private and
cooperative schools. In addition, the State, through article 52 (3)
of its Constitution, guarantees the freedom to practise any
religion.
216. Education in Guinea-Bissau, according to Alexandre
Furtado’s report on the Convention in Guinea-Bissau, shows a frightening
situation from the financial point of view. This sector relies on 90 per cent
of external support. On the other hand, the Government
has no sound policy of
distribution of financial resources and the educational system is not sensitive
to the social reality. In
addition, more than half of the population of school
age is not covered by this system.
217. Only 1 per cent of children of school
age has access to nurseries, kindergartens and other similar institutions. It
is important
to point out that the schooling rate is approximately
40 per cent. Another important factor is the existing discrimination
between
boys and girls. This fact is closely linked to the educational
standards of traditional societies.
218. In Guinea-Bissau, the illiteracy
rate is high and stagnant, especially in rural areas. The budget for the
functioning of the
educational sector, which reached 28 per cent of the general
budget in 1995, has decreased to 14.62 per cent.
219. These data are
those of 1993, in the absence of those of 1996 and subsequent years which are
still being processed.
B. The objectives of education
220. The main objectives of education are, on
the one hand, the development of the man and, on the other hand, to prepare him
for
future responsibilities, through a process of training. This process
requires a progressive socialization of the child and the learning
of general
knowledge.
221. Education, according to the school curricula and
educational programmes, shall above all enrich the personality of the child
and
facilitate the development of his mental, physical and intellectual capacities.
Another important objective of education is
to inculcate in the child respect
for the human being and basic rights and the preservation of his identity
through participation
in cultural and other activities. Furthermore, the child
shall be prepared to assume responsibility for his acts in life, in a free
society, in a spirit of comprehension, tolerance and equality between the
genders.
222. In Guinea-Bissau, this objective is not yet applied in
practice, as the minimum conditions are being created at the national
level to
adapt the educational system to the reality of the
country.
223. Schooling plans, programmes and curricula for different
educational levels are only now taking into account the cultural fabric
of the
country and the value of some positive aspects of traditional education, and
whose realization shall start from the psychological
reality and knowledge of
the children.
224. For the above reasons, the first steps are now being
taken in the educational system in view of the social and economic development
of the country and the creation of the necessary conditions for the application
of the objectives established in the Convention.
Illustrative data on this
matter are in process at the level of the Ministry of National
Education.
C. Spare time, recreation and cultural activities
225. In Guinea-Bissau, children in their spare
time, mainly in their residential areas, engage in innumerable cultural,
recreational
and sporting activities. They do the same activities in schools,
as school curricula include attendance at physical education classes.
For many
years these
classes were held in very difficult conditions and there is no indication of
any permanent initiatives or specific infrastructure
for that purpose. With the
support of some private individuals, some sports activities have been introduced
in formal schools.
226. With the creation of the School and University
Sport Federation in 1993 and the supply of the necessary resources, more
children
began to participate in sports.
227. The National Music School
was created in 1980, through decree 2/80 of 12 January. Its objective is
to develop artistic education
through the teaching of music, training and
dissemination.
228. The National Institute of the Arts, which played an
important role in the artistic education of children during those years,
could
not give continuity to its objectives, due to the lack of financial
resources.
229. Different activities were carried out at the level of the
Secretary of State for Culture, Youth and Sports, such as the National
Festival
of Music, different competitions of traditional dances, plastic arts, sporting
activities and carnival,[3]
among others. Children play an important role in all this process, which
contributes to their physical and psychological development.
Furthermore,
children participate in many international sporting and cultural events, with
the support of international organizations.
Some sports facilities were
created, financed by French cooperation.
230. It is important to point
out the absence of parks in the country, notwithstanding some arrangements for
the construction by the
Rotary Club of Bissau of some recreational facilities in
schools and residential areas and the production of appropriate films for
children.
231. During the last year, some progress was made in the
production of television programmes for children by the National Television
Broadcasting Company (RTGB).
232. There are no mechanisms to protect and
prohibit the participation of minors in public shows and recreational facilities
which
are inappropriate for their age.
IX. SPECIAL MEASURES FOR THE PROTECTION OF THE CHILD
A. Children in difficult situations
1. Displaced children
233. Guinea-Bissau,
under the Geneva Conventions of 1949 and their Additional Protocols and as an ex
officio member of the Organization
of African Unity (OAU), and according to the
principles of the African Charter on the Rights and Welfare of the Child, has
made a
decisive contribution in welcoming refugees from the subregion by giving
them all necessary material and financial means, with the
support of the Office
of the United Nations High Commissioner for Refugees. As a result of armed
conflicts between the rebels from
Casamance and the Senegalese army in 1998,
Guinea-Bissau welcomed approximately 4,665 displaced people organized in 954
family groups,
with a median of 6.2 persons in each group.
TABLE 3
Refugees from Casamance, by the number of families and areas of
residence
of Guinea-Bissau
Families
|
Refugees
|
|||
|
Number
|
Proportion%
|
Number
|
Proportion%
|
Bigene
|
12
|
1.3
|
74
|
1.6
|
S. Domingos
|
316
|
33.1
|
1 588
|
34.0
|
Ingore
|
145
|
15.2
|
815
|
17.5
|
Susana
|
268
|
28.1
|
1 022
|
21.9
|
Cacheu
|
213
|
22.3
|
1 166
|
25.0
|
Source: Census report of refugees from Senegal and Casamance in
Guinea-Bissau.
TABLE 4
Distribution of heads of families displaced from Casamance, by gender and areas of residence in Guinea-Bissau
Families
|
Displaced
|
|||||
|
Male
|
Female
|
Total
|
Male
|
Female
|
Total
|
Bigene
|
9
|
3
|
12
|
36
|
38
|
74
|
S. Domingos
|
238
|
78
|
316
|
759
|
829
|
1 588
|
Ingore
|
116
|
29
|
145
|
417
|
398
|
815
|
Susana
|
170
|
98
|
268
|
534
|
488
|
1 022
|
Cacheu
|
158
|
55
|
213
|
621
|
545
|
1 166
|
Source: Report on registration of refugees from Casamance in
Guinea-Bissau.
TABLE 5
Distribution of refugees from Casamance by age and areas of
residence in Guinea-Bissau
Under 5 years
|
5-7 years
|
More than 18 years
|
Total
|
|
Bigene
|
10
|
29
|
35
|
74
|
S. Domingos
|
204
|
642
|
742
|
1 588
|
Ingore
|
82
|
319
|
414
|
815
|
Susana
|
131
|
388
|
503
|
1 022
|
Cacheu
|
164
|
534
|
468
|
1 166
|
Source: Report on registration of refugees from Senegal and
Casamance in Guinea-Bissau.
234. According to the above tables the great
majority of heads of household are men. Under18 children represent 54 per
cent of the
displaced population, which means that more than half of the
population are children.
235. The major ethnic group are the Djolas, which
represent 59.4 per cent of the registered people, followed, according to the
number,
by Manjacos (17.1 per cent), Mancanhas (8 per cent), Fulas (5.4 per
cent), Balantas (3.5 per cent) and Mandingas (2.5 per cent).
These ethnic
groups represent 96 per cent of the refugees. Sixty-one per cent of cases came
to Guinea-Bissau during the period
1992-1993; those from Susana came during
1994-1995 and those from Cacheu, during the period 1996-1998.
236. The
majority of refugees are farmers. This category includes 75 per cent of the
active population. The second major activity
is fishing, which is carried out
especially by the refugees from Susana, which represent 74 per cent of the
active population. Handcrafts
are the third economic activity, which is
performed by 41 per cent of the refugees from S. Domingos.
TABLE 6
Distribution of Senegalese refugees by economic activity and
areas of residence
in Guinea-Bissau
Bigene
|
S. Domingos
|
Ingore
|
Susana
|
Cacheu
|
Total
|
|
Agriculture
|
25
|
477
|
459
|
510
|
380
|
1 851
|
Fishing
|
-
|
2
|
1
|
20
|
4
|
27
|
Handcrafts
|
7
|
15
|
2
|
6
|
6
|
36
|
Commerce
|
-
|
1
|
2
|
7
|
3
|
13
|
Education
|
-
|
2
|
-
|
-
|
8
|
10
|
Other activities
|
8
|
334
|
78
|
96
|
132
|
648
|
Students
|
18
|
199
|
89
|
130
|
276
|
712
|
Not applicable
|
12
|
558
|
184
|
253
|
357
|
1 369
|
Source: Report on registration of refugees from Senegal and
Casamance in Guinea-Bissau.
2. Children in armed conflict and their physical and psychological rehabilitation
237. The legislation of Guinea-Bissau is in
perfect accordance with the principles of the Convention. It governs the
protection of
children in armed conflict, as well as the promotion of adequate
measures for their physical and psychological rehabilitation and
insertion in
the society. These principles are important to the preservation of the
children’s dignity.
238. However, it is important to point out that
Guinea-Bissau has not lived other armed conflicts since its war of national
liberation,
except for some occasional cases of Senegalese refugees from
Casamance, which have deserved special attention from the Government,
notwithstanding the lack of resources.
239. In addition, the majority of
displaced people in Guinea-Bissau are children. They receive support from the
Government, especially
through UNHCR.
B. Children in conflict with the law
240. In this matter, the child is subject to
criminal responsibility when he reaches 16 years of age. The law determines
that the
objective of criminal prevention institutions is to promote the social
rehabilitation of the minor. These institutions are responsible
for the
application of measures related to the prevention of crime. Structures for the
prevention of crime mean the executive centre
attached to specialized courts,
whose competence is to study the situation of minors. They shall define the
qualities, failings,
knowledge, capacities and tendencies of children and study
their life conditions at home and in society, in order to provide better
conditions for their social rehabilitation. The medical and psychological
institute is aimed at giving assistance to children showing
some mental
disability. Educational institutions are aimed at promoting social
rehabilitation of minors subject to measures of confinement,
through adequate
education, schooling and professional training. The boarding schools are aimed
at welcoming, temporarily, former
inmates needing some
protection.
241. With regard to this matter, there is not in
Guinea-Bissau any institution for the prevention of crime among and social
rehabilitation
of minors, or specialized centres attached to the competent
courts, or medical and psychological institutions, apart from the SOS
Village
which functions as a boarding school and asylum for children. For that reason
we can say that nothing has been done in this
matter. However, the Government,
civil society, NGOs and other organizations are worried about this problem and
are trying to find
other alternatives for its resolution.
1. Administration of juvenile justice
242. The juvenile justice system is
confidential, and proceedings are closed. Criminal records cannot be requested
by other entities,
or used to produce certificates, unless so required by the
Attorney General of the Republic and the Direction of the boarding schools
which
take in children on the basis of a decision of the courts for minors or criminal
courts. The system includes crimes committed
by children aged more than 16
years, whose punishment corresponds to imprisonments, or criminal cases related
to delinquent children,
unless otherwise decided by the
court.
243. Criminal courts may also request criminal records only for
statistical purposes or scientific studies and shall maintain the
confidentiality of these documents (see decree Nos. 417/71 and 484/71).
All these procedures are not applied in practice.
2. Children deprived of their freedom, including other forms of detention, prison or custody
244. The Constitution of Guinea-Bissau
determines expressly that all citizens have the right to freedom, and this
freedom cannot be threatened and violated.
Decrees Nos. 417/71 and 484/71
related to the child’s rights establish all the legal procedures in this
matter. However,
according to the annual report of the Guinean League for Human
Rights, there are cases of minors in prison who are kept with adult
criminals.
This means that the rules are not applied in practice.
245. The competent
authorities responsible for the application of these procedures have done little
or almost nothing in this matter,
which means that the social and juridical
policy of the Government is not giving special attention to this matter.
3. Prohibition of capital punishment and life imprisonment
246. The Constitution of Guinea-Bissau has
abolished capital punishment. Life imprisonment is prohibited for children and
young people.
4. Physical and psychological rehabilitation and social reinsertion
247. It is difficult to talk about physical and
psychological rehabilitation and social reinsertion in the absence of
specialized
institutions and centres in this matter. This does not mean that
they do not exist physically; on the contrary, we have already
mentioned the
Centre for Motor Rehabilitation located in Bra and the Centre for Mental
Rehabilitation created to give specific preventive
and curative care,
rehabilitation and support to mental patients. In fact the Mental
Rehabilitation Centre at Bra, according to
1993 data, is functioning at only 5
per cent of its capacities due to the economic situation of the
country.
248. According to data of the National Health Development Plan,
only 1.7 per cent of the general budget of MINSAP is allocated to
this centre,
of which 44 per cent are for personnel expenditures and 28 per cent for
food. According to the same data, this centre
has 3 doctors, 7
qualified nurses, 17 assistants and 5 high- and medium-level
technicians. It also has 60 beds and, in 1995, offered
903
medical consultations, received 337 inmates and registered 3
deaths.
249. It is important to point out that, notwithstanding some
difficulties, this centre is still visited by many patients, most of
them drug
addicts and their families. Furthermore, this centre has enjoyed some
reputation in the subregion and receives patients
from neighbouring
countries.
C. Children in situations of economic exploitation
250. The situation of economic exploitation in
Guinea-Bissau is becoming more and more serious, as a result of the increasing
economic
crisis which ravages the country. This fact, added to the absence of
measures and/or mechanisms to resolve the problem, has led
to prostitution and
harmful practices. This problem becomes more serious among young people and
children, due to the absence of
specialized centres for physical and
psychological rehabilitation of children and their social reinsertion.
1. Economic exploitation
251. In Guinea-Bissau, children are victims of
economic exploitation and are subject to hard work, which is incompatible with
their
age and physical condition. However, the Government is unable to put a
stop to this phenomenon through the application of administrative
measures, due
to the serious economic and social condition of the country. Law No. 2/86
(General Labour Law), which prohibits children
under 14 from working, is not
applicable to the current reality.
252. The great majority of children
living in towns, mainly in Bissau, work in the non-formal sector. Some
institutions, such as
the Child’s Labour project, ALTERNAG, Enda Guitec in
Mansoa, AMIC and others, are taking some action for the reinsertion of
children
through different activities such as literacy, education for life, insertion and
reinsertion in school, professional training,
etc. These projects are carried
out in partnership with NGOs, and cover a total of 370 children.
253. In
recent years, prostitution among young people has reached alarming proportions
in Guinea-Bissau, due to the economic and social
situation of the
country.
2. Drug abuse
254. Guinea-Bissau is living in recent years an
agitated and alarming situation related to the use of drugs, especially among
children.
However, the Government is giving special attention to this problem
and has established preventive measures through the Minister
of Justice, which
coordinates the Inter-Ministerial Committee for the Fight against Drugs,
specifically created to combat and prevent
the use of drugs. In this context,
some actions, carried out through the Criminal Investigation Department,
preventive actions,
public order policy and the Immigration Department, have
shown successful results. At the same time, the Government, through the
Committee for the Fight against Harmful Practices under MASPF, is giving special
attention to the sensitization of young people about
the dangers of using
drugs.
255. The Guinean legislation prohibits and condemns the use of
drugs. This fact led the Government to create legislation to prevent
and combat
the use of drugs. A National Coordinating Commission was created for that
purpose, whose objective is to propose strategies
and the coordination of the
political measures taken by the Government in all areas of activity. According
to the decision of the
Government, an Inter-ministerial Commission was created
to give support to the performance of the Government. This Commission is
chaired by the Prime Minister and includes the following:
− The Home Department;
− The Minister of Justice;
− The Minister of National Education;
− The Minister of Public Health;
− The Minister of Foreign Affairs;
− The Minister of Social Affairs and Women’s Promotion;
− The Minister of Finance;
− The Minister of Social Infrastructure.
256. Coordination
is ensured by the Minister of Justice through the General Direction of the
Criminal Investigation Department.
3. Sexual Exploitation and Abuse
257. The Legislation of Guinea-Bissau
criminalizes the violation of sexual freedom, and determines
that:
(a) Nobody can have sexual relations with a woman or to oblige her
to have sexual relations with third parties by means of threat
or other coercive
actions;
(b) Certain sexual practices are prohibited especially with
minors, inexperienced persons, or people having any kind of mental disturbance
or physical or psychological disability, either temporarily or
permanent.
258. With regard to the child, the law determines that no one
can have sexual relations with a woman aged more than 12 years and less
than 16
years by taking advantage of her inexperience, or a temporary or permanent
physical or psychological disability.
259. In fact, the legislation of
Guinea-Bissau expressly forbids sexual exploitation and abuse. No one can
promote and/or facilitate
the practice of prostitution for lucrative purposes
through the use of abandoned people or people in difficult financial situation.
It is also forbidden to use violence, threats, or other coercive actions to
remove victims to foreign countries.
260. However, the difficult social
and economic situation of the country, in particular the absence and/or
incapacity of the social
institutions to provide services and the weakness of
the constitutional legal framework, are the main reasons for the high level
of
these practices, especially among female children and minors, notwithstanding
their interdiction by the law. The Government is
worried about this problem and
has taken some administrative actions through the Home Department, such as
forbidding minors’
access to discotheques and bars and requiring them to
remain home after 22.00. This preventive measure became ineffective and is
not
applied in practice.
261. Some cases of sexual violation and abuse were
identified, in particular among children. Most of these cases were submitted to
the Regional Court of Bissau and have been decided according to the law. Among
these cases we have the so-called “chupa-chupa”,
which was denounced
by the civil society but it still remains without solution from the juridical
authorities. The only information
we have on these cases was provided by AMIC
and some data collected in the 1997 Annual Report on the Situation of Human
Rights in
Guinea-Bissau, but these data do not give a global idea of the
situation.
TABLE 7
Cases of sexual exploitation and abuse, by type, place, year,
gender
and age of the victim
Place
|
Year
|
Gender
|
Age
|
|
Sexual violation
|
Catio
|
1997
|
Female
|
7 years
|
Sexual violation
|
Olossato
|
1997
|
Female
|
8 years
|
Sexual violation
|
Mansaba
|
1997
|
Female
|
9 years
|
Sexual violation
Murder |
Uracane
|
1997
|
Female
|
Non specified
|
Sexual violation
|
Gabu
|
1997
|
Female
|
24 years
|
Sexual violation
|
Tite
|
1997
|
Female
|
7 years
|
Source: Annual Report on the Situation of Human Rights in
Guinea-Bissau.
262. Incest is also condemned as well as sexual violation
and the Civil Code, in its section V, article 1867 and following articles,
establishes that a child born of people prohibited from marrying for reasons of
blood and affinity is considered a product of incest.
It also establishes that
the adoption of such children and their legal registration is only allowed in
relation to one of the parents.
4. Sale and trafficking of children
263. In Guinea-Bissau, practices of selling,
trafficking and kidnapping of children, from the legislative and constitutional
points
of view, are condemned and punished according to the relevant provisions
of the Penal Code. Notwithstanding the identification of
some isolated cases of
kidnapping of newborns from the maternity hospital, there are no illustrative
data on this matter.
5. Other forms of exploitation
264. In Guinea-Bissau no case was identified
regarding child victims of other types of exploitation, apart from those
referred to
above.
D. Children belonging to a minority or indigenous group
265. Guinean legislation condemns any type of
discrimination based on race, ethnic group, religious belief, gender, language
and political
opinions, among others.
BIBLIOGRAPHY
3. Analysis of the situation of children and woman in
Guinea-Bissau, UNICEF, 1993.
4. III General Ordinary Assembly, Progress
Report, AMIC, 1997.
INSTITUTIONS WHICH GAVE SUPPORT TO THE PREPARATION
OF THIS
REPORT
1. UNICEF
2. Plan
International
3. Radda Barnen
4. Guinean League of Human
Rights
5. World Health Organization/United Nations Development
Programme
6. Former Ministry of Women’s Promotion and Social
Affairs
7. Ministry of Education
8. Ministry of
Health
9. Ministry of National Resources and Industry
10. Ministry
of Justice and Labour
11. AMIC
12. Information and Legal
Orientation Centre
13. Association for Studies and
Alternatives
14. Enda-Bissau
15. Child Worker
Project
16. National Institute of Studies and Research
17. Guitec
(Enda)
ANNEX
Conclusions and recommendations of the workshop on the
presentation
of the report and the implementation of the Convention
This
workshop, which was held in Bissau at the Ministry of Justice and Labour on 23
and 24 June 1999, within the framework of the
programme of activities of the
Ministry of Health and Social Affairs, gave special attention to the problem of
child rights, which
is assuming great importance in our society and becoming a
matter of concern in recent years.
The opening ceremony of this seminar,
which was chaired by Mr. Justino Amadou Fadia, Minister of Health and Social
Affairs and President
of the CNI, was attended by the following
personalities:
− His Excellency Mr. Carlos Domingos Gomes, Minister of Justice and Labour;
− His Excellency Mr. Galdé Baldé, Minister of Education, Youth, Culture and Sports;
− Mr. Inusse Noormahomed, WHO representative;
− Mr. Herman Jaramillo, UNICEF representative;
− Ms. Antonia Mendes Teixeira, Director General of Social Affairs.
After the speeches of welcome, there were many
interventions from representatives of international organizations such as
UNICEF,
WHO and UNDP. Finally, the Minister of Health and Social Affairs, in
his capacity as President of the CNI, made an appeal to all
participants to give
special attention to the analysis and discussion of the report, since
children’s problems are of concern
to all people: family, civil society
and Government. He concluded his speech by announcing the opening of the debate
and discussion
of the report on “the implementation of the Convention on
the Rights of the Child”.
After the interval, the work pursued
with the presentation of the report by the consultant, according to the
programme of the seminar.
Each chapter of the report was deeply analysed
and the following conclusions and recommendations were adopted by the
workshop.
Conclusions
During the opening ceremony and the
presentation of the report, it was noted that the violation of children’s
rights still
prevails throughout the country. The participants, after a deep
analysis, admitted that:
(a) The Convention on the Rights of the Child
is not being adequately implemented, due to the lack of dissemination,
sensitization
and commitment from the competent authorities;
(b) Some
efforts were made by the Government, the People’s National Assembly and
the courts to improve the means for the protection
of child rights, but these
efforts failed to meet the expectations;
(c) The actions carried out by
some national and foreign NGOs (AMIC, CIOJ, ANDES, LGDH, Radda Barnen and Plan
International) have
given encouraging results in the defence and protection of
child rights;
(d) Children’s problems are a matter for all people:
the family, civil society and the State;
(e) There is a high level of
infant mortality and illiteracy;
(f) The people need to have access to
information related to child rights enshrined in common law and in the
Constitution of the Republic of Guinea-Bissau;
(g) There are no adequate
juridical mechanisms to defend and protect child rights, namely minors’
court, labour courts and
prisons for minors, and the civil code, penal code and
labour legislation require revision;
(h) The colonial laws, namely
decree No. 417/71 which approved the statute for jurisdictional assistance to
overseas minors and decree
No. 484/71 which approved the rules of jurisdictional
assistance to minors, are not applied, notwithstanding the existence of law
1/73
of 24 September;
(i) The NGOs which deal with matters related to the
child are facing financial and technical needs, which could hinder the
dissemination
and implementation of the Convention on the Rights of the
Child;
(j) There are cases of abandonment, mistreatment and sexual
violation of children, and those responsible for these crimes are not
punished;
(k) There is lack of means and infrastructure for the normal
functioning of AMIC, which represents a serious constraint;
(l) There
are many children working in the formal and non-formal sectors, which impedes
their normal psychological and cultural development;
(m) The general
labour laws do not cover children who are working in the nonformal
sector;
(n) The age of consent for marriage defined in the Civil Code
for girls and boys, at age 14 and 16 years, respectively, according
to the
physical and intellectual structure of our children and according to our
reality, needs to be revised;
(o) There are no specialized centres for disabled people and adequate
mechanisms for their effective insertion;
(p) The absence of a civil
registration service within the health infrastructure and the fines applied to
cases of registration after
the period established by the law cause problems for
hundreds of children who are not yet registered;
(q) Abandoned children,
orphans and disabled children are not receiving special attention and care from
their family (parents), society
and Government;
(r) The laws are not
sufficiently disseminated by the competent authorities;
(s) The CNI is
facing financial constraints in the implementation of its plan of action with
respect to sensitization, dissemination
and follow-up of the implementation of
the Convention on the Rights of the Child.
It is important to point out
that this workshop was held with the important support of UNICEF, as well as of
Radda Barnen, without
which it would have been impossible.
Recommendations
In the light of the discussions and
conclusions of the workshop, the participants made the following
recommendations:
A
1. To make an appeal to the Government and the competent authorities to
create the necessary and appropriate conditions for the implementation
of the
Convention on the Rights of the Child and the laws of the Republic on this
matter by the government institutions and the civil
society.
2. To make
an appeal to the Government, in particular to the Ministry of Education, Youth,
Culture and Sports, to introduce children’s
rights and other matters
related to children in school curricula and educational programmes.
3. To
make an appeal to the civil society, in particular to political parties, to
include child rights in their programmes of activity,
with a view to ensuring
their defence, protection and promotion.
4. To make an appeal to the
Government to adopt measures to establish legal mechanisms to facilitate the
implementation of the Convention
on the Rights of the Child
namely:
(a) The creation of a court for minors;
(b) The creation
of a labour court;
(c) The creation of prisons and centres for the rehabilitation of
minors;
(d) Revision of the existing legislation (civil code, penal
code, general labour legislation, among others);
(e) Greater
responsibility of the father for his minor children.
5. To make an appeal
to the Government in order that the necessary conditions may be created to
facilitate:
(a) The training of social assistants;
(b) The
recruitment and the assignment of psychologists in the administrative
institutions, courts and prisons.
6. To make an appeal to the Government,
through the Ministry of Justice and Labour, to consider the possibility of
abolishing fines
for the civil registration of minors after the expiry of the
legal period, because this practice does not encourage the registration
of
minors (children).
7. To raise the age for marriage to 18 years, in
accordance with the physical, mental and intellectual condition of
individuals.
8. To make an appeal to the competent authorities to create
centres for support and rehabilitation of disabled people and mechanisms
for
their effective insertion into society.
9. To make an appeal to the
competent authorities to reserve seats for disabled people in public and private
buses, as well as for
pregnant women and women carrying children.
10. To
make an appeal to the Government, society and organizations to give support and
care to abandoned children and orphans.
11. To make an appeal to the
competent authorities in the area of dissemination of laws, in order to ensure
that they are widely known
and applied.
12. To make an appeal to the
Government to allocate funds for the functioning of the CNI.
13. To make
an appeal to the Government to create the necessary conditions so that AMIC can
enjoy the resources and equipment necessary
for its functioning.
14. The
revision of the General Labour Law, in force since 1986, in order to adapt it to
the new economic and social reality and the
prohibition on child labour.
B
15. To require the competent authorities, to provide for the criminal
punishment of persons who mistreat, sexually abuse or cause
physical injury to
minors, commit infanticide, etc.
16. To encourage and support national
and international NGOs and other associations and public and private bodies
which work in areas
related to children.
We take this opportunity to
thank UNICEF for its helpful collaboration, especially its
representative.
The closing ceremony was chaired by Mr. Carlos Domingos
Gomes, Minister of Justice and Labour, and was attended by Dr. Justino Amadou
Fadia, Minister of Health and Social Affairs, Mr. Carlos da Silva, Minister of
Social Equipment and Mr. Galdé Baldé,
Minister of Education,
Youth, Culture and Sports.
-----
Notes
1 The date given in the report “Guinea-Bissau
and the Convention on the Rights of the Child” by Alexandre Furtado, a
study
commissioned by the National Commission for Childhood (CNI) and the
Ministry of Social Affairs and Women’s Promotion (MASPF)
and financed by
UNICEF and Radda Barnen, mistakenly gives the date as 18 April
1990.
2 See Furtado, ibid.
3 Ibid.
4
Ibid.
5 Ibid.
6
Ibid.
7 Ibid.
8
Ibid.
9 Ibid.
10 Ibid.
[11] See 1997-2001 National Sanitary Development Plan, volume I, Guinea-Bissau. Ministry of Public Health; May 1997.
[12] Ibid.
[13] Ibid.
[14] Ibid.
[15] Ibid.
[16] Ibid.
[17] Ibid.
[18] Ibid.
[19] See Bill on the Creation of the National Council for Childhood.
[20] The composition and
competence are established in the Bill for the Creation of the National Council
for Childhood.
[21]
Ibid.
[22] Additional information on this Committee can be obtained in the Bill for the Creation of the National Council for Childhood.
[23] Some legal services were created through AMIC whose basic objective is to translate in a fair manner legislation on various aspects related to childhood, and to disseminate information to the population in general in order to follow legal proceedings in the courts.
[24] The Government and AMIC have cooperated in the organization and execution of innumerable activities within the framework of their partnership. On this matter, see AMIC’s progress report of January 1997. It is important to point out that this report refers only to the activities carried out by the Government.
[25] According to AMIC’s 1997 progress report, it participated in innumerable activities carried out by other national NGOs. Unfortunately, the partnership with international NGOs and/or international organizations is only limited to requests for funds for the execution of projects.
[26] The Project “Child’s Labour” was a joint initiative launched by AMIC, ALTERNAG and Radda Barnen. The objective of this project is to contribute to a broad sensitization of the society in general in matters related to the problem of children who are working and in difficult situations, as well as to promote actions aimed at improving the living conditions of these children and the regression of this phenomenon.
[27] This is a private law, humanitarian, civil institution that takes in orphans and abandoned children, and provides them with all the necessary conditions for their complete development.
[28] See Alexandre Furtado, “Guinea-Bissau and the Convention on the Rights of the Child”.
[29] National Health Development Plan.
[30] See Alexandre
Furtado “Guinea-Bissau and the Convention on the Rights of the
Child”.
31 The carnival for children is
organized during this festivity, which includes competitions of masks, dances
and other activities.
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