CONSEJO DE DERECHOS HUMANOS - Informe A HRC 5956 Add 1

GE.25-06077 (S) 020525 050525 Consejo de Derechos Humanos 59º período de sesiones 16 de junio a 11 de julio de 2025 Tema 3 de la agenda Promoción y protección de todos los derechos humanos, civiles, políticos, económicos, sociales y culturales, incluido el derecho al desarrollo Visita a Guinea-Bissau Informe de la Relatora Especial sobre la trata de personas, especialmente mujeres y niños, Siobhán Mullally Resumen La Relatora Especial sobre la trata de personas, especialmente mujeres y niños, realizó una visita a Guinea-Bissau del 4 al 14 de noviembre de 2024. La Relatora Especial acoge con satisfacción la adhesión a la lucha contra todas las formas de trata de personas y, en su informe, formula recomendaciones para asegurar la prevención efectiva de todas las formas de trata de personas mediante el fortalecimiento de las instituciones, la administración de justicia y el estado de derecho, la rendición de cuentas y el acceso efectivo a la justicia de las víctimas de la trata.

El resumen del presente informe se distribuye en todos los idiomas oficiales. El informe propiamente dicho, que figura en el anexo, se distribuye únicamente en el idioma en que se presentó.

Naciones Unidas A/HRC/59/56/Add.1

Asamblea General Distr. general 28 de abril de 2025

Español Original: inglésA/HRC/59/56/Add.1

2 GE.25-06077 Anexo Informe de la Relatora Especial sobre la trata de personas, especialmente mujeres y niños, Siobhán Mullally, sobre su visita a Guinea-Bissau

I. Introduction

2 GE.25-06077 Anexo Informe de la Relatora Especial sobre la trata de personas, especialmente mujeres y niños, Siobhán Mullally, sobre su visita a Guinea-Bissau

I. Introduction

1. The Special Rapporteur on trafficking in persons, especially women and children , conducted an official visit to Guinea-Bissau from 4 to 14 November 2024 to assess the situation of trafficking in persons, especially women and children. The Special Rapporteur is grateful to the Government of Guinea -Bissau for the cooperation shown before, during and after the visit. She commends the cooperative approach of all authorities and the willingness to engage in an open and constructive dialogue.

2. During the visit, the Special Rapporteur met with the President of Guinea-Bissau, the Prime Minister, the Minister for Foreign Affairs and the Ministers of Agriculture, Public Health, Public Administration, and Tourism. She also met with the President of the Institute for Women and Children and other government officials, and representatives of the Supreme Court, the judicial police and the N ational Guard, as well as with civil society, women ’s organizations, youth leaders, lawyers, traditional leaders a nd communities, sex workers, religious leaders and representatives of the National Human Rights Commission. In addition, she met with the Prosecutor General, the Vice -President of the Supreme Court and representatives of the Bar Association. She visited a detention centre in Bissau, presently being used as a prison, and shelters for the accommodation of child victims of trafficking in Bissau, Bafatá and Gabú. The Special Rapporteur met with the Governors of Bafatá and Gabú and with regional authorities. During the visit, the Special Rapporteur met with members of the diplomatic community and with colleagues in the United Nations entities. In addition to Bissau, she visited Bafatá, Gabú and Cambaju.

3. The Special Rapporteur is grateful to the U nited Nations country team, in particular the Office of the United Nations High Commissioner for Human Rights colleagues in

the diplomatic community and with colleagues in the United Nations entities. In addition to Bissau, she visited Bafatá, Gabú and Cambaju.

3. The Special Rapporteur is grateful to the U nited Nations country team, in particular the Office of the United Nations High Commissioner for Human Rights colleagues in Guinea-Bissau, for the excellent support during the visit and to colleagues in the U nited Nations entities who facilitated meetings and arranged visits.

4. Throughout her visit, the Special Rapporteur met with human rights defenders, civil society and victims/survivors of trafficking in persons for all purposes of exploitation. She is particularly grateful to the victims/survivors of trafficking in persons who met with her and whose testimonies of serious human rights violations inform the analysis and recommendations presented in the report.

II. Background and trends in trafficking in persons in

Guinea-Bissau

5. Despite commitments to transformative and inclusive governance, peacebuilding and sustainable development, continuing political instability and weak institutions undermine the rule of law and progress towards sustainable development. The Special Rapporteur highlights that effective action to prevent trafficking in persons and combat the drivers of trafficking is essential to achieving the objectives of the United Nations Sustainable Development Cooperation Framework, the 2030 Agenda for Sustainable Devel opment and Agenda 2063 of the African Union . The dissolution of the National Assembly following a presidential decree of 4 December 2023, continuing political instability and the paralysis of State institutions undermine capacity for legislative and policy reforms and urgently needed action to strengthen the rule of law, the administration of justice and State institutions. Such instability and the failure of democratic governance further exacerbate the drivers of trafficking, in particular corruption, weak institutions, extreme poverty, unemployment, gender inequality, limited access to education and weak child protection systems. PoorA/HRC/59/56/Add.1

GE.25-06077 3 infrastructure, weak and often non-existent public services severely hinder action to combat the drivers of trafficking in persons. The Special Rapporteur notes that extreme poverty

gender inequality, limited access to education and weak child protection systems. PoorA/HRC/59/56/Add.1 GE.25-06077 3 infrastructure, weak and often non-existent public services severely hinder action to combat the drivers of trafficking in persons. The Special Rapporteur notes that extreme poverty contributes to high risks of trafficking for all forms of exploitation. These risks are further exacerbated by severe limitations in the administration of justice and the rule of law, leading to widespread impunity for all forms of trafficking, particularly affecting children. The prevalence of drug trafficking and the status of Guinea-Bissau as a major hub and entry point into West Africa for drug trafficking add further to the challenges of strengthening the rule of law, the administration of justice and accountability. Against this background, and combined with the prevalence of other illicit economies, trafficking in persons also persists. A peace-centred development agenda, one that fully embraces the 2016 Conakry Agreement on the Implementation of the Economic Community of West African States Road Map for the Resolution of t he Political Crisis in Guinea -Bissau and the stability pact, could provide for a new path towards sustainable development and peace.

A. Trafficking in children and the rights of the child

6. Trafficking in children is an urgent and serious concern in Guinea-Bissau. Trafficking in children, particularly children in situations of extreme poverty , for the purposes of exploitation in begging is the most reported form of trafficking in children; it occurs particularly in Qur’anic schools, where there is limited oversight and an absence of child protection measures. Children trafficked for the purposes of exploitation in begging and forced labour in street vending are also at high risk of sexual exploitation. The Special Rapporteur notes the attention that has been paid to combating this form of trafficking and the efforts that have been made to establish a dialogue with religious leaders, Qur’anic teachers and regional authorities to strengthen action to prevent such forms of trafficking and ensure child protection. She also note s awareness-raising initiatives led by civil society and community leaders. However, such measures are ad hoc and not systematic. Children

the efforts that have been made to establish a dialogue with religious leaders, Qur’anic teachers and regional authorities to strengthen action to prevent such forms of trafficking and ensure child protection. She also note s awareness-raising initiatives led by civil society and community leaders. However, such measures are ad hoc and not systematic. Children continue to be at serious risk of exploitation in Guinea-Bissau and during cross-border movements to Senegal. Despite widespread reports of child trafficking and an absence of child protection measures in some Qur’anic schools, no prosecutions or convictions for child trafficking have been recorded. Corruption and impunity for this serious human rights violation and serious crime allow child trafficking to persist, affecting the most vulnerable children.

7. Limited information was available on trafficking in children for the purposes of forced criminality, particularly linked to drug trafficking. Given the prevalence of drug trafficking in the country, and the role of Guinea-Bissau as an entry and transit State, it is likely that children, particularly adolescent boys, are at high risk of trafficking for forced criminality in Guinea-Bissau and in cross-border areas. The limited awareness of or attention paid to such risks is of very serious concern, given t he impact of such serious crime s on child rights and protection.

8. Children, in particular girls, are exposed to the risk of child marriage and of child trafficking for the purposes of domesti c servitude. Both of these forms of child trafficking are prevalent and rooted in gender discrimination patterns that are pervasive in the country.

Girls in impoverished households are sent from rural to urban areas to work in domestic households in a practice known as “mininus de criaçon”. Given the weak and largely absent child protection systems, girls are at high risk of being exploited in these informal “foster family” arrangements and are also at high risk of sexual exploitation.

9. Trafficking in children for the purposes of sexual exploitation in the growing tourism sector is also a concern, particularly in the Bijagós Islands and in some areas in the north of the country ( São Domingos ). The Special Rapporteur note s initiatives being taken by the

9. Trafficking in children for the purposes of sexual exploitation in the growing tourism sector is also a concern, particularly in the Bijagós Islands and in some areas in the north of the country ( São Domingos ). The Special Rapporteur note s initiatives being taken by the Ministry of Tourism to promote responsible tourism and the adoption of a code of conduct.

She also notes initiatives led by the United Nations Children ’s Fund (UNICEF) on training for the hospitality sector on preventing child trafficking for the purposes of sexual exploitation. However, despite the regional attention paid to child trafficking for the purposes of sexual exploitation and indicators of such exploitation occurring in the islands, there is limited information on investigations or prosecutions to ensure accountability or on access to justice for victims. Data was not available on the identification of child victims or referralsA/HRC/59/56/Add.1 4 GE.25-06077 for assistance and protection, despite indicators of the exploitation of adolescent girls and boys. In addition, the limited presence of law enforcement authorities in the islands and the absence of a functioning formal justice system lead to impunity. Victims and their families frequently resort to traditional justice mechanisms, which may reinforce gender inequality and discriminatory and harmful stereotypes.

10. Drivers, such as child poverty, food insecurity and limited access to quality education, contribute to the serious risks of child trafficking. Guinea-Bissau has implemented important measures, such as the establishment of the National Committee for the Elimination of Harmful Practices , to address practices such as child marriage, child begging and female genital mutilation. Despite these efforts, weak child protection systems and widespread impunity for all forms of violence against children enable child trafficking to persist.

Resources for preventive action to combat trafficking in children continue to be insufficient. The high numbers of out -of-school children contribute to heightened risks of all forms of child trafficking.1 Limited access to education, particularly in rural areas, increases the risks of child trafficking for domestic servitude, child marriage and sexual exploitation, particularly for girls.

11. Ensuring universal birth registration is a critical child protection measure, particularly

child trafficking.1 Limited access to education, particularly in rural areas, increases the risks of child trafficking for domestic servitude, child marriage and sexual exploitation, particularly for girls.

11. Ensuring universal birth registration is a critical child protection measure, particularly for the prevention of child trafficking. The Special Rapporteur welcomes the collaboration between the Civil Registry and the Ministry of Public Health to facilitate registration at hospitals and during vaccination campaigns. However, the limited presence of civil authorities and public health officials throughout the country severely limits the impact of such efforts.

12. Children in street situations are particularly at risk of trafficking. Girls engaged in street vending are at risk of sexual exploitation. Sexual exploitation of boys is less visible but is also a serious risk for boys in street situations, where they are separated from families or guardians and are not attending school.

13. In the agricultur al sector, children may be at risk of trafficking for forced labour, particularly during the cashew harvest period, and are at high risk of other serious human rights violations , including the health and safety risks associated with hazardous work.

Families in situations of poverty include children in their income-generating activities, particularly in places where school feeding programmes and other child protection measures are absent. School dropout rates during harvest season are a concern, as children frequently do not return to school and are thus at greater risk. While the Worst Forms of Child Labour Convention, 1999 (No. 182), of the International Labour Organization (ILO) has been ratified by Guinea-Bissau, a national list of the worst forms of child labour has not yet been adopted.

14. Despite the suspension of intercountry adoptions by the Government of GuineaBissau, the Special Rapporteur is concerned at reports that illegal intercountry adoption is continuing, raising very serious risks of child trafficking, given the absence of effective child protection measures and weak administration of justice. Guinea -Bissau is not a signatory to the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption and the conditions necessary for such signature have not yet been met.

continuing, raising very serious risks of child trafficking, given the absence of effective child protection measures and weak administration of justice. Guinea -Bissau is not a signatory to the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption and the conditions necessary for such signature have not yet been met.

15. The underreporting of child trafficking and the diverse forms of exploitation are of serious concern. The Special Rapporteur is also concerned at the lack of child-friendly justice measures to strengthen access to justice for children and the limited availability of victim and witness protection measures in criminal justice proceedings. Despite consistent reports of child trafficking and the initiation of investigations, the Special Rapporteur is concerned that investigations are not effective and that impunity persists. Investigations do not progress to prosecution due to corruption in law enforcement and in the administration of justice.

1 See https://www.unicef.org/guineabissau/accesslearning#:~:text=Guinea%20Bissau%20has%20a%20primary,per%20cent%20in%20rural%20areas.A/HRC/59/56/Add.1 GE.25-06077 5

B. Gender inequality and risks of trafficking

16. Gender inequality, discrimination in access to and control over land and natural resources and discrimination in employment and education contribute to heightened risks of trafficking in women and girls, particularly for forced labour, domestic servitude, child, early and forced marriage , and sexual exploitation. The prevalence of sexual and gender -based violence further contributes to a climate of impunity in relation to trafficking in women and girls.

17. Trafficking in persons occurs through informal networks, often involving family and community members. Single, divorced or separated women and widows are often at greater risk, given the absence of social protection and lack of access to sustainable livelihoods. The prevalence of women in the informal economy, particularly in agriculture, street vending and domestic work, exacerbates the risks of exploitation.

18. Access to reproductive and sexual health services, including contraception and safe

risk, given the absence of social protection and lack of access to sustainable livelihoods. The prevalence of women in the informal economy, particularly in agriculture, street vending and domestic work, exacerbates the risks of exploitation.

18. Access to reproductive and sexual health services, including contraception and safe and legal abortion, is extremely limited. These services are inaccessible to most women and girls. The Special Rapporteur welcome s measures such as a programme on girls ’ rights implemented by the Ministry of Education , in collaboration with the United Nations Population Fund, aimed at raising awareness among girls aged 13 to 15 years of their rights and of sexual and reproductive health issues.2

19. Economic empowerment initiatives, including those led by the Ministry of Agriculture, to enhance access to credit for women in rural areas are welcome but their scope and reach are limited. Other promising initiatives include the training of women in agribusiness and targeted measures to improve literacy rates among women and girls.

However, harmful and discriminatory practices limit women’s access to equal inheritance of land and property, further increasing dependency and economic inequality.

20. The need for gender -sensitive and trauma -informed criminal justice procedures is evident. Notwithstanding current efforts, including the existence of gender focal points in the police force, continued efforts are needed to strengthen access to justice, particularly in rural areas, and to realize the right to gender equality. The Special Rapporteur was impressed by the work and advocacy of women’s associations in seeking to combat all forms of trafficking in persons and promote gender equality, despite limited resources or support from the State or the international community.

C. Trafficking in persons for the purposes of forced labour

21. The prevalence of the informal economy and the high concentration of workers in the informal sector contribute to the high risks of trafficking for forced labour. Limited capacity for the protection of workers’ rights and weak enforcement of labour laws increase the risks of trafficking for forced labour, particularly in high -risk sectors , such as domestic work, agriculture, fisheries and mining, where regulation and enforcement are particularly limited.

The normalization of exploitative practices in affected sectors also hampers identification of

for the protection of workers’ rights and weak enforcement of labour laws increase the risks of trafficking for forced labour, particularly in high -risk sectors , such as domestic work, agriculture, fisheries and mining, where regulation and enforcement are particularly limited. The normalization of exploitative practices in affected sectors also hampers identification of trafficking in persons and intersects with widespread discrimination on the basis of gender, migration status and socioeconomic status.

22. The limited capacity for inspections and enforcement of the rights of agricultural workers contributes to risks of exploitation, including trafficking for forced labour.

Exploitation in the agricultur al sector primarily affects women and children. While women constitute the primary workforce in agriculture, wages are frequently paid to male heads of households only. In the agricultur al sector, seasonal migrant workers arriving from neighbouring count ries, particularly from Guinea , have limited or no acc ess to social protection and are often recruited through informal networks of intermediaries , with limited or no oversight of working conditions.

2 United Nations Population Fund, document DP/FPA/CPD/GNB/7, paras. 31–37.A/HRC/59/56/Add.1 6 GE.25-06077

23. While several initiatives are under way in the Ministry of Agriculture to improve the conditions of agricultural workers, implementation remains limited. 3 There are anecdotal testimonies of risk practices in logging, including in logging facilitated through government contracts with foreign companies. Limited information was available on the status of such contracts or on the terms and conditions in relation to the protection of workers’ rights or the recruitment and status of migrant workers.

24. In the fisheries sector, confusion over jurisdiction, competence and enforcement of the labour rights of fishers, including the lack of regulation and formalization of work contracts, contributes to impunity and increased risks of trafficking for the purposes of forced labour, particularly in the context of illegal fishing. Allegations of trafficking in persons in the fisheries sector include abusive practices by recruitment agents , who act with impunity given the absence of regulation and effective law enforcement. Transparen cy over and

contracts, contributes to impunity and increased risks of trafficking for the purposes of forced labour, particularly in the context of illegal fishing. Allegations of trafficking in persons in the fisheries sector include abusive practices by recruitment agents , who act with impunity given the absence of regulation and effective law enforcement. Transparen cy over and comprehensive attribution of responsibilities to the labour inspectorate to effectively monitor the protection of fishers’ labour rights and coordination among relevant authorities, including the Ministry of Fisheries, the Ministry of Transportation and the National Guard, is key to combating trafficking for the purposes of forced labour or illegal fishing. The ratification by Guinea-Bissau of the Maritime Labour Convention, 2006, of ILO and its forthcoming entry into force, on 10 June 2025, provide an excellent opportunity to develop the capacity of the inspectorate and clarify the roles and competences of the relevant entities. In this context, the Special Rapporteur note s that cooperation agreements with the E uropean Union and China concerning the fisheries sector must ensure the effective protection of the rights of fishers and all other workers in the fisheries sector. 4 She notes similar concerns regarding the risks of the forced labour of migrant fishers who are nationals of Guinea-Bissau in the context of mixed migration in the West African region.

25. The role of civil society, particularly domestic workers’ associations and trade unions, is critical to the prevention of trafficking for forced labour. The Special Rapporteur is particularly impressed by human rights advocacy work in support of domestic workers. She is deeply concerned by the serious human rights violations , including trafficking in persons for the purposes of domestic servitude , endured by domestic workers. The sector is defined by highly gendered informality and abuses of workers ’ rights, including through the withholding of wages and the failure to provide contracts of employment. Concerns were raised during the visit regarding the lack of application of specific provisions of the Labour Code to regulate the employment of domestic workers and the need for training of labour inspectors.5 Women and girls are particularly at risk. Forced labour coexists with the high risk of sexual exploitation of domestic workers. Despite important legislative developments,

raised during the visit regarding the lack of application of specific provisions of the Labour Code to regulate the employment of domestic workers and the need for training of labour inspectors.5 Women and girls are particularly at risk. Forced labour coexists with the high risk of sexual exploitation of domestic workers. Despite important legislative developments, enforcement of labour protections is weak and widespread abuses of domestic workers persist with impunity. The limited capacity of the labour inspectorate and the normalization of labour exploitation in the domestic work sector serve to limit the identification of victims of trafficking or persons at risk of being trafficked.

D. Trafficking in persons for the purposes of sexual exploitation

26. Limited data is available on the prevalence of trafficking for sexual exploitation, despite consistent reports of the incidence of this form of trafficking, particularly affecting women and girls. The Special Rapporteur received information concerning fore ign national women, including those trafficked for sexual exploitation in Bolama Island in the context of mixed migration towards Europe. Other information received highlighted the risks of trafficking of women of Guinea-Bissau for the purposes of sexual e xploitation abroad, in particular to the Gulf region. Women are recruited under false pretences for work abroad.

3 See, for example, Food and Agriculture Organization of the United Nations, “Distress kills. Living in constant dependence on men leads many women to death. A slow death”, 7 May 2023. 4 See, for example, the agreement with the European Union, available at https://oceans-andfisheries.ec.europa.eu/fisheries/international-agreements/sustainable-fisheries-partnershipagreements-sfpas/guinea-bissau_en. 5 Guinea-Bissau, Act No. 7/2022 of 19 July 2022, section IV, on domestic employment contracts, arts. 287–300.A/HRC/59/56/Add.1 GE.25-06077 7 Other identified means of the recruitment of women for the purposes of sexual exploitation is through online contact, either in the form of study abroad offers or online grooming.

arts. 287–300.A/HRC/59/56/Add.1 GE.25-06077 7 Other identified means of the recruitment of women for the purposes of sexual exploitation is through online contact, either in the form of study abroad offers or online grooming.

27. Sex workers may be at increased risk of trafficking for the purposes of sexual exploitation, as they encounter additional obstacles when seeking access to justice and assistance and protection from law enforcement authorities due to discriminatory attitudes and stigma.

E. Trafficking in the context of mixed migration

28. The Special Rapporteur is deeply concerned at the risks of trafficking in persons in the context of mixed migration and the little attention that this issue has received. During her visit, the Special Rapporteur met with migrants currently in Guinea-Bissau and with returned migrants who are nationals of Guinea-Bissau. The Special Rapporteur is concerned at the risks of trafficking in the context of irregular migration, particularly in transit towards Libya.

The limited access to safe, regular migration pathways for employment contributes to higher risks of trafficking in persons. Young people pay large sums of money to seek employment opportunities in Europe and are frequently tricked into taking risky journeys by land and sea, at the risk of sexual exploitation and forced labour. Reports of kidnapping for ransom are increasing. Limited assistance is available to victims of trafficking on their return, and access to justice, accountability and effective remedies for trafficking in the context of migration are non-existent. While international organizations, civil society and voluntary organizations seek to provide support, measures of assistance and reintegration are extremely limited. Some efforts to provide local employment opportunities for young people, including with international support (from Italy) and involving the diaspora, are being made, but a lack of government funding is a concern and jeopardizes these initiatives. The lack of employment opportunities in the country was identified as a driver of migration. There is also high dependence on remittances.6

29. Women are also trafficked abroad for the purposes of forced labour in domestic households, particularly to the Gulf region. Recruitment occurs online and through

opportunities in the country was identified as a driver of migration. There is also high dependence on remittances.6

29. Women are also trafficked abroad for the purposes of forced labour in domestic households, particularly to the Gulf region. Recruitment occurs online and through recruitment intermediaries and informal networks, which use misleading offers of study abroad or regular employment opportunities. The lack of accountability and oversight of such recruitment allows trafficking in persons to continue with impunity.

30. Of particular concern is the situation of migrants stranded in Bolama Island. Migrants from neighbouring countries can find themselves in Bolama , a first stop in the smuggling route towards Europe. In Bolama, where their stay can be extended for months without any means to move further on in the route towards Europe, they are exposed to risks of forced labour and sex