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Indigenous and Tribal Populations Convention, 1957 (No. 107) - Guinea-Bissau (RATIFICATION: 1977)

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Articles 1, 2 and 3 of the Convention. The Committee notes that, referring to its previous comments concerning the applicability of the Convention to certain linguistic and ethnic groups, the Government indicates that, even though there are various ethnic groups and populations who have their own customary rules and characteristics that are distinct from each other, the national laws and regulations are applied to all ethnic groups. The Government adds that, therefore, it does not seem necessary to devise specific laws for each ethnic group.

The Committee notes that Decree No. 8/2005 on the creation of a Marine Community Protected Area (AMPC) of the islands of Formosa, Nago and Chediã (the Urok islands) aims at the sustainable development of the local populations by empowering the communities who live there and ensuring their full participation in the conservation of these islands for current and future generations. The Decree’s preamble stipulates that the Bijagós archipelago, where the Urok islands are located, has abundant fishing resources and a significant biological diversity that has been preserved until now, thanks to the traditional management methods practised by the Bijagó people. The Committee notes in this regard the adoption of the second Management Plan of the AMPC of the Urok islands. It notes that this plan provides for a governance and participatory management system of the AMPC with broad representativity of the communities with regard to coordination, decision-making and realization of the plan, along with the oversight of the recognized and strengthened local traditional authorities. In addition, the plan indicates that the cultural patrimony of the islands, which include some ten smaller sacred islands and many places of ceremony, as well as the vitality of the traditions, evidences the preservation of the Bijagó community’s own values as a whole.

The Committee requests the Government to provide information on the implementation of the second Management Plan of the AMPC of the Urok islands, particularly with regard to the protection of the values and traditions of the peoples concerned; the promotion of their social, economic and cultural development; and how these populations participate in the implementation of the plan. It also requests the Government to provide more general information on the protection of the institutions, values and lands of the Bijagó population throughout the archipelago; the measures aimed at promoting their economic and social development; and how the members of this population are involved.

Furthermore, the Committee requests the Government to specify the size of the Bijagó population and, where possible, that of other groups among the national population who could benefit from the protection of the Convention given their social tribal or semi-tribal structure, or the existence of their own customs and traditions (Article 1(1)(a) of the Convention).

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1. The Committee notes the information contained in the Government’s report. With respect to the Committee’s previous comments regarding the applicability of the Convention in Guinea-Bissau, the Committee notes the Government’s statement that there is no ethnic group in the country that falls within the definition of Article 1 of the Convention. The Government indicates that, pursuant to article 24 of the Constitution of Guinea-Bissau, all of the country’s citizens are equal before the law. As the Committee previously noted, none of the ethnic and linguistic groups in the country appear to be isolated from the national society or to be in a relatively less advantaged position than other groups.

2. The Committee would be grateful if the Government would continue to keep it informed of any developments, including any measures taken in law or in practice relevant to application of the principles of the Convention.

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The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's statement in its report that the Convention does not apply to Guinea-Bissau.

It also notes that no distinction is made in the national legislation between different population groups. As the Committee has indicated previously, this in itself is, however, not a sufficient reason for deciding that the Convention is not applicable to a country.

The Committee has also, however, examined other information on the population of Guinea-Bissau which indicates that the country's population is composed of a number of ethnic and linguistic groups. None of these groups appears to be isolated from the national community or to be in a relatively less advantaged position than other groups. Under the circumstances, the Committee considers that no segment of the population would presently fall within the definition contained in Article 1 of the Convention.

The Committee hopes that in future reports the Government will keep it informed of any developments which might affect the application of the Convention.