Amnesty International Report 2000 - Guinea-Bissau

Head of state: Malam Bacai Sanhá (replaced João Bernardo Vieira in May)
Head of government: Francisco José Fadul
Capital: Bissau
Population: 1.2 million
Official language: Portuguese
Death Penalty: abolitionist for all crimes

The transitional Government of National Unity, established after a civil war in 1998, promised to end impunity and initiated reforms to increase protection for human rights. There were two further outbreaks of fighting in February and May, during which human rights violations were committed. In May President João Bernardo Vieira was ousted and replaced by the President of the National Assembly, Malam Bacai Sanhá. Hundreds of former government soldiers and some civilian officials were arrested in connection with crimes related to the war, including human rights violations.

Background

The civil war between forces loyal to President Vieira (including troops from Senegal and the Republic of Guinea) and the self-styled Junta Militar, Military Junta, ended with a peace agreement in November 1998. However, there was further fighting in Bissau from

31 January to 3 February. Subsequently, the Economic Community of West African States (ECOWAS) completed its deployment of 600 peace-keeping troops and a Government of National Unity, led by Prime Minister Francisco José Fadul, was installed on 20 February.

In early May, there was another outbreak of fighting. Hundreds of soldiers and civilians were killed, including 60 civilians who had sought refuge in a mission school and were killed by shells apparently fired from the navy headquarters in the direction of Junta Militar troops. The fighting ended when the Junta Militar took control of Bissau and ousted President Vieira, who went to Portugal on the understanding that he would return to Guinea-Bissau for trial. In June the ECOWAS troops left Guinea-Bissau. Following consultations in July, the European Union decided not to impose sanctions on Guinea-Bissau in response to the ousting of President Vieira.

The devastation caused by the war included widespread looting and damage to hospitals. Thousands of landmines were laid, killing and maiming at least 10 people, although none of the parties to the conflict admitted laying them. Approximately 250,000 people were displaced and about 8,000 fled to other countries, most of whom returned during the year.

During the conflict in 1998, parliamentarians, representatives of religious groups and non-governmental organizations, and other community leaders had mediated between the warring parties, physically protected individuals at risk, encouraged international peace-making efforts and lobbied decision-makers to include human rights guarantees in agreements.

The Guinea-Bissau Human Rights League, many of whose members had been exiled during the conflict in 1998, continued to provide information, investigate reports of human rights violations, visit political prisoners and advocate human rights. In August, 300 people, including members of the government, armed forces and civil society organizations, attended a conference on national reconciliation. The conference called for an end to impunity, for those suspected of crimes committed in connection with the war to be tried, for vengeance to be avoided and for freedom of expression to be guaranteed.

In June the UN opened a Post-Conflict Peace-Building Support Office in Guinea-Bissau (UNOGBIS). Its mandate included consolidating the peace agreement and helping to build democracy and the rule of law.

In July the National Assembly approved a constitutional amendment excluding from high office people whose parents were not born in Guinea-Bissau. This was subsequently dropped after widespread opposition.

Measures to increase stability included the initiation of projects to demobilize soldiers and collect the weapons circulating among the civilian population. Soldiers continued to carry out policing functions. Soldiers at roadblocks often demanded money from motorists and pedestrians. In November members of the Junta Militar proposed that the military should play an advisory role in government, including in the appointment of senior government officials. This proposal was shelved after parliamentary deputies and members of the public protested. In November and December there were protests by soldiers, whose numbers had increased by recruitment on both sides during the conflict, demanding payment of salary arrears.

Presidential and parliamentary elections were held in November. The Partido da Renovação Social (PRS), Social Renewal Party, won the legislative election, gaining 38 of the 102 National Assembly seats. Its leader, Kumba Ialá, narrowly defeated Malam Bacai Sanhá in the presidential contest but failed to gain the required majority of the vote. A second presidential ballot was subsequently scheduled for January 2000.

Human rights abuses

Most human rights abuses reported during the fighting were carried out in 1998. In 1999 violations were committed at military checkpoints by soldiers loyal to President Vieira. Most incidents involved the arbitrary and excessive use of force. In addition, at least two people suspected of working with the Junta Militar were arrested and tortured.

• Loyalist soldiers reportedly entered the Simão Mendes hospital in Bissau in early February and removed a wounded Junta Militar soldier, saying that he was to be interrogated. The next morning the soldier was returned to hospital with cuts on his chest and back and what appeared to be cigarette burns. He died a few days later, apparently of gangrene in his battle wound.

In March, violence was provoked by government militia who attacked a peaceful march of thousands of people from all over the country. The marchers were calling for an end to the conflict and the withdrawal of foreign troops. In the ensuing scuffles, stones were thrown and several people were hurt. AI delegates saw militia members chase and beat an onlooker. The Prime Minister set up a commission of inquiry into the incident but the results were not published by the end of 1999.

In areas under Junta Militar control, police arrested and ill-treated members of President Vieira's Partido Africano para a Independência da Guiné e Cabo Verde (PAIGC), African Party for the Independence of Guinea (Bissau) and Cape Verde. Police also ill-treated criminal suspects.

In October the Guinea-Bissau Human Rights League complained that several imprisoned security officials who were alleged to have committed crimes in Bafatá had been brought from Bissau to Bafatá where police made them walk through the streets with their hands tied behind their backs. The police had reportedly paraded the prisoners in order to show the people of Bafatá that there was to be no impunity. The Attorney General declared that action would be taken against the police involved.

Child soldiers

Very young soldiers fought on both sides. A 14-year-old was reported to have been among Junta Militar troops. In May, 186 young members of a loyalist militia, including several aged between 15 and 17, were released and returned to their families.

Human rights reforms

The Government of National Unity restructured the state security police, whose members had been responsible for human rights violations, designating it a state information service with no powers of arrest or interrogation. The government also undertook to accede to all international human rights treaties to which Guinea-Bissau was not yet a party.

The Government of National Unity promised donors in May that it intended to put the judicial system into working order; reduce impunity and increase people's knowledge of the law and their rights; and train police and soldiers to respect human rights and the law. In August the Attorney General set up an office to investigate official corruption.

Political prisoners

After the ousting of President Vieira, Junta Militar forces detained more than 500 soldiers and police and security officials. The Guinea-Bissau Human Rights League and the International Committee of the Red Cross were given access to the prisoners. None was reported to have been tortured, but prison conditions were reported to be harsh. Subsequently more than 200 prisoners were released. By the end of 1999 the cases of most of the remaining prisoners had been investigated, some of them in connection with alleged violations of human rights and humanitarian law, but none had been brought to trial.

A number of businessmen and former government officials were arrested in August and charged with incitement to war and giving financial support to President Vieira. Manuel dos Santos "Manecas", a former minister and businessman, was tried in August and sentenced to a fine on a charge of obstruction of justice. He remained in detention, accused of crimes connected with the civil war. At least 18 others were released on bail.

Steps against impunity

Government officials and others repeatedly declared that action would be taken to end impunity. However, while various investigations began, few were completed.

Two state security officials suspected of human rights violations during the conflict, including arbitrary arrest, torture and extrajudicial executions, were arrested early in the year but not brought to trial.

There were official investigations into several incidents involving alleged human rights violations but the results had not been published by the end of 1999.

• Eighteen-year-old Lai António Lopes Pereira was killed in July 1998 by a security officer who suspected him of robbery. Witnesses said that the security officer kicked in the door of Lai Pereira's house, took out a pistol and fired shots which hit the floor. He left and returned with seven colleagues in camouflage uniforms. The officer punched Lai Pereira's pregnant sister in the stomach before entering the house randomly firing shots. Lai Pereira ran into the pantry where he was gunned down, shot seven times.
• In March the body of Júlio Sami was found at a building site. Relatives said that a Senegalese soldier had arrested him in October 1998 after a dispute about placing an artillery piece in Júlio Sami's yard, which was near the front line. Júlio Sami's wrists had been tied together and his head was disfigured. Human rights workers alerted the authorities and the state forensic doctor examined the body.

Four members of the state security police under President Vieira were arrested and charged with the 1993 murder of Jorge Quadros, a Portuguese journalist. Former President Vieira was accused of giving the order to kill the journalist, and his then minister of security was also indicted.

Two mass graves were discovered which apparently contained the bodies of prisoners who had been deliberately killed. One, discovered in a cemetery in Bissau in September, contained the bodies of 14 people believed to have been arrested during the recent conflict and who appeared to have been bound and shot. Another, found in Portogole in October, contained 22 bodies, six of which were thought to be those of people executed in 1986 after being unfairly tried on charges of plotting to overthrow the government.

AI country reports and visits

Reports

• Guinea-Bissau: Protecting human rights – a new era? (AI Index: AFR 30/004/99)
• Guinea-Bissau: Human rights in war and peace (AI Index: AFR 30/007/99)

Visit

AI delegates visited Guinea-Bissau in March, held talks with the Prime Minister and other officials, and interviewed victims of human rights abuses.