Constitution

Guinea-Bissau 1984 Constitution (reviewed 1996)

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Table of Contents

Part III. Organisation of Political Power

Section I. General Principles

Article 59

  1. The President of the Republic, the National Popular Assembly, the Government and the Tribunals are sovereign bodies.
  2. The organization of political power is based on the separation and the independence of all sovereign bodies, as well as their subordination to the Constitution.

Article 60

The electoral system, the conditions of eligibility, the division of the territory into constituencies, the number of deputies, as well as the process and the bodies that monitor electoral matters will be defined by the Electoral Law.

Article 61

The holders of political positions are liable in civil, political and criminal terms for all actions and omissions in the performance of their duty.

Section II. The President of the Republic

Article 62

  1. The President of the Republic is the Head of State, symbol of unity, guarantor of national independence and the Constitution and Supreme Commander of the Armed Forces.
  2. The President of the Republic represents the Republic of Guinea-Bissau.

Article 63

  1. The President of the Republic is elected by a free, direct, secret and periodic universal suffrage of the electing citizens.
  2. Voting citizens of Guinean origin and children of parents of Guinean origins, over 35 years and in full possession of their civil and political rights are eligible for the office of President of the Republic.

Article 64

  1. The absolute majority of valid votes elects the President of the Republic.
  2. If no candidate obtains the absolute majority, there will be, after 21 days, a new ballot with only the two candidates who received the most votes.

Article 65

The Presidency of the Republic is not compatible with any other functions, public or private.

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Article 66

  1. The term for the President of the Republic is of five years.
  2. The President of the Republic may not run for a third consecutive mandate, nor during the five years following his second mandate.
  3. If the President of the Republic resigns from office, he may not run in the next election, nor in those taking place within five years of his resignation.

Article 67

The elected President of the Republic will be invested at a plenary session of the Popular National Assembly, by the respective President, and will take in this act the following oath: “I swear by my honor to defend the Constitution and the laws, the national independence and unity, to dedicate my intelligence and my energies to the service of Guinea-Bissau’s people, fulfilling with absolute fidelity the duties of the high position I have been elected to”.

Article 68

Are exclusive roles of the President of the Republic:

  1. To represent the Guinean State;
  2. Defend the Constitution of the Republic
  3. Address the Nation and the National Assembly;
  4. Summon an extraordinary meeting of the National Popular Assembly every time imperious public interest reasons so justify;
  5. Ratify international treaties;
  6. Determine the election dates for the Presidency of the Republic, deputies of the National Popular Assembly and the chiefs of local power bodies, according to the law;
  7. Appoint and dismiss the Prime-Minister, considering the electoral results and after listening to the political forces represented by the National Popular Assembly;
  8. Confirm the appointment of the Prime-Minister;
  9. Appoint and dismiss other members of the cabinet, as proposed by the Prime-Minister, and confirm them;
  10. Create and dissolve ministries and secretariats of State, on a proposal from the Prime-Minister;
  11. Preside over the Council of State;
  12. Preside over the Council of Ministers, when appropriate;
  13. Confirm the justices of the Supreme Tribunal of Justice;
  14. Appoint and dismiss, according to a proposal by the Government, the Chief of Staff of the Armed Forces;
  15. Appoint and dismiss, according to a proposal by the Government, the General-Attorney of the Republic;
  16. Appoint and dismiss Ambassadors, according to a proposal by the government;
  17. Accredit international Ambassadors;
  18. Enact laws, legal-decrees and the decrees;
  19. Pardon and commute sentences;
  20. Declare war or make peace, according to the established in Article 85, no 1, h) of the Constitution;
  21. Impose martial law or declare a state of emergency, according to the established in Article 85, no. 1, (i) of the Constitution;
  22. Grant honorific titles and State awards;
  23. Perform all other functions that the Constitution and the laws have attributed to the President.

Article 69

  1. The President of the Republic is also competent to:
    1. Dissolve the National Popular Assembly, in case of grave political crisis, after consulting the President of the National Popular Assembly and the political parties present therein, and within the limits established by this Constitution;
    2. Dismiss the Government, according to Article 104, no. 2 of the Constitution;
    3. Enact or veto, within 30 days from its reception, any pieces of legislation issued by the National Popular Assembly or the Government.
  2. The veto of the President of the Republic on the laws of the National Popular Assembly can be overcome by the affirmative vote of a majority of two thirds of Congress members in office.

Article 70

The President of the Republic may enact presidential decrees while performing his duties.

Article 71

  1. In case of absence abroad or temporary impediment, the President of the National Popular Assembly will temporarily substitute the President of the Republic.
  2. The President of the National Popular Assembly will assume the functions of the President of the Republic in case of death or definitive impediment; in case the former is also impeded, its own substitute shall take the place until the confirmation of a newly elected President.
  3. The new President will be elected within 60 days.
  4. The interim President of the Republic may not, in any case, perform the roles established by items (g), (i), (m), (n), (o), (s), (v) and (x) of article 68, and items (a), (b) and (c) of Article 69, no 1 of the Constitution.
  5. The interim President of the Republic may only use the powers established by item (j) of article 68 to fulfill the requirements of no 3 of the present article.

Article 72

  1. The President of the Republic answers to the Supreme Tribunal of Justice for any crimes taking place while in office.
  2. It is the responsibility of the National Popular Assembly to require the General-Attorney of the Republic to promote the prosecution of the President of the Republic; after a proposal by one third and an approval by two thirds of the members of congress in office.
  3. The conviction of the President of the Republic implies the removal from office and the impossibility of seeking reelection.
  4. For any crimes committed outside of its functions, the President of the Republic answers before regular courts, after the end of its term.

Section III. The Council of State

Article 73

The Council of State is the political body of consultation for the President of the Republic.

Article 74

  1. The Council of State is presided over by the President of the Republic and composed of the following members:
    1. the President of the National Assembly;
    2. the Prime Minister;
    3. the President of the Supreme Tribunal of Justice;
    4. a representative of every political party with a seat in the National Popular Assembly;
    5. five citizens assigned by the President for the duration of its term.
  2. The representative mentioned in aforementioned item (d) will be chosen by vote between the members of the National Popular Assembly.
  3. The members of the Council of State will be confirmed by the President of the Republic.

Article 75

The Council of State is responsible for:

  1. Issuing a statement on the dissolution of the National Popular Assembly;
  2. Issuing a statement on the imposition of a martial law or declaration of state of emergency;
  3. Issuing a statement on a declaration of war and the establishment of peace;
  4. Advising the President of the Republic while on duty, when so requested.

Section IV. Of the National Popular Assembly

Article 76

The National Popular Assembly is the supreme legislative and political overseer, representing all Guinean citizens. It decides on all fundamental matters of internal and external policies.

Article 77

All members of the National Popular Assembly are elected by electoral districts defined by law, by means of a free, equal, direct, secret and periodic universal suffrage.

Article 78

  1. The members of the National Popular Assembly are called Congressmen;
  2. The Congressmen of the Popular National Assembly are the representatives of all the people, and not only the electoral districts that elected them.
  3. Congressmen have the duty of maintaining a constant contact with their voters and to constantly report their activities to them.

Article 79

Each Congress will last for four years, beginning with the confirmation of the electoral results.

Article 80

The Congressmen of the National Popular Assembly must take the following oath: “I swear I will do everything in my power to fulfill, with total honor and fidelity to the people, my term as a Congressman, always intransigently defending the national interests and the principles and objectives established by the Constitution of the Republic of Guinea-Bissau”.

Article 81

A Congressman has the right to present enquiries to the Government, orally or in writing, and must be presented with an answer in the session or within a delay of 15 days, in writing, if further investigations are needed.

Article 82

  1. No Congressman may be harassed, persecuted, detained, arrested, tried or convicted for the votes and opinions he expresses while in office.
  2. No Congressman may be detained or arrested for criminal or disciplinary matters, before a Court or outside it, except for flagrant violations that face minimum penalties of two years or more of forced labor, or when previous consent from the National Popular Assembly is granted.

Article 83

  1. Law will establish all Congressmen’s rights and benefits, as well as their powers and duties.
  2. The Congressman that is in serious breach of its duties may be expelled by the National Popular Assembly.

Article 84

  1. The Popular National Assembly will elect, at the first session of each legislative term, its President and the other members of the Board.
  2. The Board will be composed of the President, a first Vice-President, a second Vice-President, a first secretary and a second secretary, elected by all members of Congress.
  3. The tasks and the competencies of the Board will be established by the Assembly’s by-laws.
  4. A Congressman may not simultaneously hold office as a member of the Government.

Article 85

  1. The Popular National Assembly is competent to:
    1. Review the constitutionality of matters, according to articles 127 onwards;
    2. Decide on popular referendums;
    3. Draft laws and vote on motions and resolutions;
    4. Approve the Governmental Program;
    5. Require that the General Attorney for the Republic files criminal suits against the President of the Republic, according to article 72 of the Constitution;
    6. Hold votes of confidence and censorship votes against the Government;
    7. Approve the General State Budget and the National Development Plan, as well as the respective laws;
    8. Approve treaties that involve Guinea-Bissau’s participation on international organization, friendship treaties, peace treaties, defense treaties, treaties of frontier rectification, and any other treaty that the Government has judged appropriate to submit for its review;
    9. Issue a statement on the imposition of martial law or declaration of a state of emergency;
    10. Authorize the President of the Republic to declare war or make peace;
    11. Grant the Government legislative authority;
    12. Ratify the decrees approved by the Government through delegated legislative powers;
    13. Review the State’s budget for each business year;
    14. Grant amnesty;
    15. Ensure compliance with the Constitution and the laws, and review the Governmental and Administration’s acts;
    16. Elaborate and approve its Procedural Rules;
    17. Perform any other rights and duties that have been assigned to it by the Constitution and the laws.
  2. If the Governmental Program is not approved by the Popular National Assembly, a new debate will be held within 15 days.
  3. The confidence vote before the National Assembly must be taken by the Prime Minister, after deliberation of the Council of Ministers;
  4. The initiative to vote on a censorship motion requires one third of Congressmen in office;
  5. The failure of a confidence vote or the approval of a censorship motion by an absolute majority will imply the dismantling of the Government.

Article 86

The National Popular Assembly has exclusive competence to legislate on:

  1. The Guinean nationality;
  2. Land use laws and regulations;
  3. The organization of national defense;
  4. The monetary system;
  5. Judiciary organization and magistrate regulation;
  6. Definition of crimes, punishments and other security measures and criminal proceedings;
  7. Martial law and state of emergency;
  8. Definitions on the limits of territorial waters and the exclusive economic zone;
  9. Rights, freedoms and guarantees;
  10. Associations and political parties;
  11. The electoral system.

Article 87

The Popular National Assembly has exclusive competence to legislate on the following matters, except in case of authorization granted to the government:

  1. Organization of central and local administration;
  2. Public employees’ by-laws and the civil liability of the Administration;
  3. Expropriation and requisitions due to public utility;
  4. Status and capacity of people;
  5. The nationalization of means of production;
  6. The demarcation of property sectors and economic activities.

Article 88

The National Popular Assembly may create topical committees as well as establish temporary committees to deal with specific topics.

Article 89

  1. The National Popular Assembly will gather in ordinary sessions;
  2. The National Popular Assembly will gather in extraordinary sessions when so requested by the President of the Republic, Congressmen, the Government or its Standing Committee.

Article 90

Government members may join and speak at sessions of the National Popular Assembly, according to the by-laws.

Article 91

  1. The Government and Congressmen may propose legislation;
  2. Decisions by the National Popular Assembly may take the form of laws, resolutions or motions.

Article 92

  1. The National Popular Assembly may authorize the Government to legislate, by a legal-decree, on matters as foreseen by article 87. This authorization must establish its object, extension and the duration.
  2. The end of a Congressional term and a change in Government entail the expiry of the granted legislative authority.
  3. The legal-decrees approved by the Government under its legislative authority will be submitted to the Popular National Assembly for ratification, and this house will have 30 days to deliberate on the matter, after which the regulation will be considered ratified.

Article 94

  1. The National Popular Assembly may not be dissolved in the 12 months after an election, in the final six months of a presidential mandate, or during martial law or state of emergency.
  2. The dissolution of the National Popular Assembly does not impede Congressmen from exercising their mandate until the opening of the new Congress after new elections.

Article 95

  1. Between legislative terms and during the period in which the National Popular Assembly is dissolved, a Standing Committee of the National Popular Assembly will function.
  2. The Standing Committee is presided over by the President of the National Popular Assembly, and is composed of the Vice-President and other representatives of the political parties that have Congressmen in the assembly, in proportion to their representation.
  3. The Standing Committee is competent to:
    1. Follow all Governmental and Administration activities;
    2. Exert the powers of the National Popular Assembly in relation to Congressmen;
    3. Convoke the National Popular Assembly whenever necessary;
    4. Prepare the opening of new terms;
    5. Issue a statement on any imposition of martial law or declaration of state of emergency.
  4. The Standing Committee answers to and is monitored by the National Popular Assembly.

Section V. Of the Government

Article 96

  1. The Government is the supreme executive and administrative body of the Republic of Guinea-Bissau.
  2. The Government implements the general policies of the country in accordance with its Program, approved by the National Popular Assembly.

Article 97

  1. The Government is composed of the Prime Minister, Ministers and Secretaries of State.
  2. The Prime Minister is the head of the Government, and it is his duty to guide and coordinate governmental actions and ensure the execution of the laws.
  3. It is also incumbent upon the Prime Minister, without prejudice to other attributions conferred on him by the Constitution and the law, to inform the President of the Republic on issues regarding the internal and external politics of the country.

Article 98

  1. The Prime Minister is appointed by the President of the Republic in accordance with the electoral results and after consulting with political parties represented in the National Popular Assembly.
  2. Ministers and Secretaries of State are nominated by the President of the Republic, after indication by the Prime Minister.

Article 99

Ministers and Secretaries of State must take the following oath when taking office: “I swear by my honor to dedicate my intelligence and my energy to the service of the people, performing my duties (of Minister or Secretary of State) to which I have been nominated in the Government of the Republic of Guinea-Bissau with total fidelity to the Constitution and the laws”.

Article 100

  1. In the performance of its functions, the Government is competent to:
    1. Guide the Public Administration, coordinate and control the activities of Ministries and other bodies of the Central Administration and Local governments;
    2. Organize and direct the performance of political, economic, cultural, scientific, social, defense and security activities, in accordance with its Program;
    3. Prepare the National Development Plan and the General Budget of the State, and execute it;
    4. Legislate by means of legal-decrees and decrees over matters that concern its organization and functioning, as well as matters that are not reserved to the National Popular Assembly;
    5. Approve bills and submit them to the National Popular Assembly;
    6. Negotiate and conclude agreements and international conventions;
    7. Nominate and propose the nomination of civil and military positions;
    8. All other matters assigned to it by law.
  2. The competencies attributed by the aforementioned items (a), (b), (d) and (e) must be exercised by the Government through its Council of Ministries.

Article 101

  1. The Council of Ministers is constituted by the Prime Minister, who presides, and by the Ministers.
  2. Councils of Ministers specialized in certain subject matters may be created.
  3. The members of the Government must follow the Governmental Program and the deliberation of the Council of Ministers.
  4. The Secretaries of State may be summoned to participate in the Council of Ministers.

Article 102

The Government, gathered in the Council of Ministers, may legislate by means of legal-decrees and decrees.

Article 103

The Government is politically accountable to the President of the Republic and before the National Popular Assembly.

Article 104

  1. The dismissal of the Government will ensue on:
    1. The beginning of every new term;
    2. The failure to approve the Governmental Plan a second time;
    3. The acceptance by the President of the Republic of a resignation request presented by the Prime-Minister;
    4. The approval of a censorship motion or the non-approval of a confidence vote by the absolute majority of Congressmen;
    5. The death or the prolonged physical incapacitation of the Prime-Minister.
  2. The President of the Republic may dismiss the Government in case of a grave political crisis that threatens the regular functioning of the institutions of the Republic, after consulting with the Council of State and the political parties with representation in Congress.

Section VI. Of the Local Government

Article 105

  1. The organization of the State political power encompasses the existence of local authorities, which enjoy administrative and financial autonomy.
  2. The local authorities are collective territorial entities of representative bodies, which aim to pursue the interests of local communities, without diminishing the unitary structure of the State.

Article 106

  1. Local authorities consist of municipalities, local sections and local boards.
  2. Municipalities will function in sectors, local sections will function in administrative sections and local boards will function through resident associations.

Article 107

  1. For political-administrative purposes, the national territory is divided into regions, these being subdivided in sectors and sections; the law may establish other subdivisions in communities when specificity requires.
  2. The organization and functioning of administrative regions will be defined by law.
  3. In major urban areas and in islands, the law may establish, in accordance with specific conditions, other forms of organization for the local authorities, as well as other autonomous administrative subdivisions.

Article 108

  1. The Government’s leading representatives in regions will be designated as regional Governors, and in sectors as sector administrators.
  2. The Government may appoint and dismiss regional Governors, under a proposition by the competent Minister.
  3. The appointment to a sector administrator position will be made in accordance with the requisites established by the framework law.

Article 109

The duties and organization of local authorities, as well as the competencies of its bodies, shall be regulated by law, in accordance with the principle of autonomy of local government.

Article 110

  1. The local authorities have their own assets and finances.
  2. The system of local finance, established by law, should aim for a fair distribution of public resources by the State and by local authorities, and the necessary correction of inequalities between local authorities.
  3. The local authorities will earn the revenue derived from the management of its assets and the use of its services.

Article 111

  1. Local authorities are comprised of an assembly with deliberative powers, elected by direct and secret universal suffrage of all residents, according to the system of proportional representation, and a collective executive body responsible before it.
  2. The bodies of local authorities may directly consult citizens who are duly registered and with power to vote in the respective area, by means of a secret vote, to decide on any matters of their exclusive competency, in the cases, conditions and the frequency established by law.

Article 112

  1. Within the limits of the Constitution and the laws, local authorities have their own regulatory power.
  2. The administrative supervision of local authorities consists in the control of the enforcement of the law by the authority’s bodies, and shall be exercised in the cases and in the manner established by law.

Article 113

The representative bodies of local authorities are:

  1. The municipal assembly and the municipal chamber in the case of municipalities;
  2. The assembly of residents and the directive committee of residents in sections.

Article 114

  1. Sector administrators will have the right to participate in the municipal assembly, without the power to vote.
  2. The municipal council is the executive body of the municipality, elected by the voting citizens residing in the area, and having as president the first candidate of the most voted list.

Article 115

The Electoral Law will determine the form of eligibility of all the members of the local authority’s bodies, their composition, as well as the functioning, the duration of the term and the form of their acts.

Article 116

The National Popular Assembly is responsible for dissolving local authority bodies, after consulting with the Government, in case it finds acts or omissions contrary to the law.

Article 117

The National Popular Assembly has the power to create or dissolve local authorities, as well as to modify their areas, and these changes may be preceded by consultations of the bodies of the affected authorities.

Article 118

The local authorities participate, in their own right and in accordance with law, to the revenues from direct taxes.

Section VII. Of the Judiciary

Article 119

Tribunals are sovereign bodies with competence to administer justice on behalf of the people.

Article 120

  1. The Supreme Tribunal of Justice is the supreme judicial instance of the Republic. The Superior Council of Magistrates appoints its judges.
  2. The President of the Republic swears in judges of the Supreme Tribunal of Justice.
  3. It is incumbent upon the Supreme Tribunal of Justice and tribunals instituted by law to exercise the jurisdictional function.
  4. In the exercise of their jurisdictional function, tribunals are independent and only subjected to the law.
  5. The Superior Council of Magistrates is the superior body of management and discipline of the judicial magistrates.
  6. The Superior Council of Magistrates will contain, at least, representatives of the Supreme Tribunal of Justice, of other tribunals, and of the National Popular Assembly, according to the terms established by law.

Article 121

  1. It is forbidden to create tribunals exclusively for the trial of certain categories of crimes.
  2. Are exceptions to the previous item:
    1. The military tribunals, which are responsible for the trial of essentially military crimes as defined by law;
    2. Administrative, fiscal and auditing tribunals.

Article 122

The law may create tribunals to resolve social disputes, whether civil or criminal.

Article 123

  1. The judge performs its duties with total fidelity to the fundamental principles and objectives of this Constitution.
  2. In the performance of its duties, the judge is independent and must only obey the law and his conscience.
  3. The judge is not responsible for his trials and decisions. Only in cases specified by law may he be subject to civil, criminal or disciplinary liability connected with the performance of its duties.
  4. The Supreme Council of Magistrates, in accordance with the law, is responsible for the appointment, dismissal, placement, promotion and transfer of judges of judicial tribunals, as well as the adoption of disciplinary measures.

Article 124

The law will regulate the organization, competence and functioning of the bodies responsible for administering justice.

Article 125

  1. The Public Attorney’s Office [Ministério Público] is the State body responsible together with the tribunals, for monitoring the rule of law and representing public and social interests, and is in charge of filing criminal claims.
  2. The Public Attorney’s Office is to be organized under a hierarchical structure, under the direction of the General-Attorney of the Republic.
  3. The Attorney General of the Republic is appointed by the President of the Republic, after consultation with the Government.

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