RATIFY! While Guinea-Bissau has ratified the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW) and the
Optional Protocol to CEDAW, it has still not ratified the Protocol to the
African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
RESPECT! The Coalition of the Campaign is particularly
concerned by the following continued violations of women’s rights in Guinea
Bissau: persistence of discriminatory legislation; discrimination within the
family, violence against women, including female genital mutilation; limited
access to education, decision-making positions, health services and justice;
and the particular vulnerability of women in rural areas.
SOME POSITIVE DEVELOPMENTS…
The Coalition of the Campaign acknowledges the recent adoption of several
laws and policies aimed at improving respect for women’s rights,
- The ratification in 2007 of the UN Convention Against Transnational
Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children.
- The ratification of the Optional Protocol to CEDAW in August
- The introduction of strategies specifically targeting women in the National
Strategy to Reduce Poverty.
BUT DISCRIMINATION AND VIOLENCE PERSIST
In Guinea-Bissau, although customary law does not represent a formal source of law, it continues to be applied alongside statutory law.
Statutory Law Although article 25 of the Constitution
establishes equality between men and women, many provisions of the Civil Code
and Family Code, inherited from the colonial period (1966) remain
discriminatory, including: legal age of marriage: the legal age for marriage is
14 years for women and 16 years for men.
Marital authority: According to section 1674 of the Civil
Code, the husband is the head of the family. He can thus represent his wife and
make decisions on all matters concerning their married life. According to
article 1686, a wife cannot do business without the consent of the husband,
unless she is the administrator of all the couple’s assets.
Administration of the couple’s assets: Art. 1678 of the
Civil Code establishes that the couple’s assets belong to the husband as head
of the family. The wife can only administer assets if the husband is prevented
from doing so.
The Coalition of the Campaign also regrets the absence of an explicit
provision within the Constitution stipulating that international and regional
conventions take precedence over national laws. Finally, although articles 24
and 25 of the Constitution guarantee the principles of equality and
non-discrimination, there is no precise definition of the term discrimination,
in conformity with CEDAW.
Numerous provisions of customary law are discriminatory and widely applied,
includ- ing the authorisation of early and forced marriages, polygamy and
The effective application of laws protecting women’s rights conflicts runs
up against the widespread patriarchal conception of society, especially in
Discrimination in the family
Society in Guinea-Bissau is deeply patriarchal and authority is perceived to
reside with the father as head of the family. Polygamy remains a common
practice. Concerning inheritance, customary law applied by certain ethnic
groups is particularly discrimi- natory against women, allowing inheritance
only from father to son.
In the absence of a specific law prohibiting violence against women,
violence including incest and domestic violence are particularly widespread.
Although rape is criminalised, the law is rarely applied and perpetrators
rarely prosecuted, notably because of a lack of resources. Female genital
mutilation (FGM), or “fanado”, is not criminalised. The World Health
Organization estimates that around half of women in Guinea-Bissau have been
subjected to FGM, rising to 70% or 80% in the rural Fula and Mandingue
Specific vulnerability of rural women
The situation of rural women (the majority of women in Guinea-Bissau)
remains extremely precarious. These women live in extreme poverty. They have
very little access to education, to health and other basic social services, to
land ownership, to credit or to technology. Moreover, discriminatory customs
and harmful traditional practices, such as early and forced marriage, polygamy
and levirate are particularly widespread in rural areas.
Obstacles to access to education
Despite efforts made by the government in the area of education, including
school lunch programmes, a system of micro-loans for parents who send their
daughters to school, literacy programmes aimed at women and girls and a
resolution of the Council of Ministers in 2006 establishing a 50% quota for
educational grants to girls, women and girls continue to suffer from a lack of
access to education. According to UNICEF, only 11% of girls attend primary
school and 6% secondary school (figures for the period 2000-2007).
Under-representation in political life
The level of participation of women in political and public life remains
very low. During the last legislative elections in November 2008, only 10 women
were elected out of 102 members of parliament (i.e. 10%).
Obstacles to access to health
Despite efforts made by the government to reduce maternal mortality rates
and to combat the country’s HIV/Aids epidemic, women suffer from a lack of
access to adequate health services, notably because of inadequate health
infrastructure and human and financial resources. Thus, the maternal mortality
rate is particularly high (1100 per 100,000 births in 2005).
Obstacles to access to justice
Women in Guinea-Bissau face extreme obstacles in seeking justice to assert
their rights. This is principally due to a lack of information on women’s
rights and the laws that protect them, the cost of proceedings and lack of
training for police and legal personnel.
THE COALITION OF THE CAMPAIGN CALLS ON THE AUTHORITIES OF
- Reform all discriminatory legislation in conformity with CEDAW,
particularly the discriminatory provisions of the Civil Code and the Family
Code; and ensure - by adopting a provision in the Constitution that
international conventions have supremacy over national laws.
- Harmonise civil and customary law, in conformity with CEDAW, in order to
prohibit forced marriage, levirate marriage, genital mutilation and other
traditional practices harmful to women.
- Strengthen laws and policies to protect women from violence and support
victims, including by adopting a specific law to prohibit all forms of violence
against women, including domestic violence and spousal rape; adopting the draft
law to criminalise FGM; strengthening the political and operational mandate of
the Institute for Women and Children; and allocate additional financial
resources to the fight against domestic violence.
- Adopt measures aimed at eliminating obstacles to the education of girls and
women, in particular by: taking measures ensure equal access to all levels of
education ensuring, to retain girls within the education system, including
pregnant; launching awareness programmes to overcome stereotypes and
traditional attitudes; increasing the budget for education to improve
educational infrastructure and teacher training; and establishing courses for
adults aimed at reducing high levels of illiteracy among women.
- Take measures to encourage women’s participation in public and political
life, in particular by adopting the bill on quotas.
- Take measures to ensure that all women have access to healthcare, including
obstetrics and family planning, in particular by: ensuring access to
contraception, particularly in rural areas; allocating additional funds to
health, particularly in rural areas.
- Take emergency measures to improve the particularly vulnerable situation of
women in rural areas.
- Take all necessary measures to ensure women access to justice, including by
implementing training programmes for police and all legal personnel.
- Adopt all necessary measures to reform or eliminate discriminatory cultural
practices and stereotypes, including awareness-raising programmes targeting men
and women, governmental, traditional and community leaders.
- Ratify the Maputo protocol.
- Implement all the recommendations issued by the CEDAW committee in August
- Focal Point: LGDH
- Recommendations from the CEDAW Committee, August 2009
- UNICEF, www.unicef.org
- Interparliamentary union: www.ipu.org
- Wikigender, www.wikigender.org
THE CAMPAIGN FOCAL POINT IN GUINEA-BISSAU
- Liga Guineense dos direitos do homen
Created in 1991, LGDH aims at the promotion and protection of human rights,
defense of peace and conflict prevention. Through a public denunciation,
advocacy, lobbying and legal assistance to victims, it seeks to contribute to
respect of the rights of women and children, freedom of the press, freedom of
expression and the fight against torture.www.lgdh.org
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