Rule of Law and Individual Rights in Guinea Bissau – World Countries for Kids

Rule of Law

Judges are highly prone to corruption and political pressure, and the court system lacks the resources and capacity to function efficiently. Corruption is very common among police, and officers very often fail to observe safeguards granted by law against arbitrary arrest and detention. Very rarely criminal cases are brought to trial or successfully prosecuted, partially due to the limited material and human resources accessible to investigators. Most of the population is deprived of access to the justice system in practice.

Lawyers involved in sensitive cases may face intimidation or extra-legal violence. In November 2022, government critic Marcelino Ntupé (the acting legal representative for 18 people accused of taking part in the alleged coup attempt in February of that year), was kidnapped from his home and badly beaten by a group of armed men.

Conditions in prisons and detention centers are often awfully poor, and law enforcement personnel enjoy impunity for abuses in general. Because of its frail institutions and porous borders, Guinea-Bissau has become a transit point for criminal organizations involved in trafficking various kinds of contraband. The armed forces and other state entities have been involved in drug trafficking. In recent years, authorities have made reasonable progress in combating the drug trade and organized crime. A low-intensity struggle in Senegal’s Casamance region occasionally affects security across the border in Guinea-Bissau, where Senegalese rebels occasionally operate.

Women face substantial societal discrimination and traditional biases, notwithstanding some legal protections. They do not receive equal pay for similar work in general and have far fewer opportunities for education and employment. There are almost no effective legal protections against discrimination on other grounds, including sexual orientation, ethnicity, and gender identity, however same-sex relations are not specifically criminalized.

Individual Rights

There are very few formal restrictions on freedom of movement, but rife corruption among police and other public officials can curtail this right in practice, as can criminal activity. Sometimes, Senegalese rebel activity may limit movement in the border area. Illegal economic activity, including logging, by organized groups remains an issue. The quality of implementation of property rights is poor in general, and the formal procedures for starting a business are fairly onerous. Women, particularly those from some ethnic groups in rural areas, face limitations on their ability to own and inherit property.

There are many constraints on personal social freedoms. Early and forced marriages remain common, particularly in rural areas. The government, community leaders, and international organizations have worked to eliminate female genital mutilation (FGM), though 52 percent of the nation’s women and girls aged 15 to 49 have been endured such practices, according to the UN Children’s Fund (UNICEF).