CONSTITUTION OF THE REPUBLIC OF GUINEA-BISSAU
Adopted in 1984,
Amended in 1991, 1993, 1996
PREAMBLE
In an exemplary manner
the Party for the Independence of Guinea and Cape Verde (PAIGC),
having been founded on 19 September 1956, has accomplished its
political and military action plan [Programa Minimo],
consisting of liberating the people of Guinea and Cape Verde, winning
the sovereignty of the two respective states simultaneously, for the
purpose of building a free and democratic society and social justice
in each nation.
The Party consecrated
the independence, winning internal and international harmony, respect
and admiration as the form for directing the future of the Guinea
nation, namely through the creation and institutionalisation of the
state structure.
...
Adopting this
Constitution, which follows faithfully the thread of institutional
evolution that has always reflected the ideas and choices of our
people - a policy reaffirmed by the profound transformation being
brought about in our society by legality, by right and by the
enjoyment of fundamental liberties - the National Popular Assembly of
the Republic of Guinea-Bissau reveals that everything it articulates
is imbued with the humanism that has always inspired us and that is
reflected in our rights and liberties as herein guaranteed to the
citizens, as an irreversible victory for our people.
The Popular National
Assembly congratulates the PAIGC on paper for being in the vanguard
involved in unfolding the conduct of the destiny of the nation and
congratulates itself for the courageous and timely decision that the
Party of Amilcar Cabral took to support and expand the democratic
opening to construct a pluralistic, just and free society.
The decision of the
PAIGC follows in accordance with its historic tradition of acting at
every moment as the repository for the deepest aspirations of our
people.
Therefore, acting as a
faithful interpreter of the will of the people and exercising its
responsibilities as the highest sovereign organ, the National Popular
Assembly approves and adopts this Constitution of the Republic of
Guinea-Bissau as Fundamental Law, which shall enter into force on 6
May 1984.
PART I: FUNDAMENTAL PRINCIPLES
Article 1
Guinea-Bissau is a
sovereign, democratic, secular and unitary republic.
Article 2
(1)
The
national sovereignty of the Republic of Guinea-Bissau is vested in the
people.
(2)
The
exercise of political power is vested in the people directly or
through the democratically elected organs.
Article 4
(1)
In the
Republic of Guinea-Bissau the establishment of political parties is
allowed in conformity with the Constitution and the law.
Article 6
(1)
In the
Republic of Guinea-Bissau there shall be separation between the state
and religious institutions.
PART II: FUNDAMENTAL RIGHTS AND DUTIES
Article 24
All persons are equal
before the law, enjoy the same rights and are subjected to the same
duties, without distinction as to race, social status, intellectual or
cultural level, religious belief or philosophical conviction.
Article 25
Men and women are
equal before the law in all aspects of political, economic, social and
cultural life.
Article 28
(1) Foreigners and
expatriates that reside or are in Guinea-Bissau enjoy the same rights
and are subject to the same duties as nationals, with the exception of
political rights, holding of public offices and other laws expressly
applicable to nationals.
(2) The holding of
public offices can only be granted to foreigners if it is of a
technical nature, except when called for by an international accord or
agreement.
Article 29
(1)
Fundamental rights enshrined in the Constitution do not negate other
rights foreseen by the laws of the Republic and applicable rules of
international law.
(2)
Constitutional and legal procedures relating to fundamental rights
have to be interpreted in harmony with the Universal Declaration of
Human Rights.
Article 31
(1)
Martial
law or a state of emergency can only be declared, in the whole or part
of the national territory, in cases of foreign aggression, grave
threat or disturbance of the democratic constitutional order or
political calamity.
(2)
The
declaration of martial law cannot affect the right to life, integrity
and identity, civil capacity and citizenship, non-retroactivity of
penal laws, right to defence of the accused and liberty of conscience
and religion.
(3)
The
declaration of a state of emergency can only result in the partial
suspension of rights, liberties and guarantees.
Article 32
All citizens have the
right of access to judicial organs to seek redress for violations of
their constitutionally recognised rights and the law. Justice cannot
be denied on economic grounds.
Article 34
Everyone has the right
to information and judicial protection, in accordance with the law.
Article 36
(1)
In the
Republic of Guinea-Bissau the death penalty shall not be applied in
any cases.
(2)
There
shall be life imprisonment for crimes defined by law.
Article 37
(1)
The
moral and physical integrity of citizens cannot be violated.
(2)
No one
shall be submitted to torture or to cruel, inhuman or degrading
treatment.
(3)
In no
case shall there be forced labour, nor security measures depriving
liberty for unlimited or indefinite periods.
(4)
Criminal
responsibility is personal and cannot be passed on.
Article 38
(1)
All
citizens enjoy the inviolability of their persons.
(2)
No one
shall be totally or partially deprived of liberty except as a
consequence of judicial sentencing, condemned for acts punishable by
law with prison sentencing or the judicial application of security
measures.
(4) The law cannot be
retroactive, unless this is of benefit to the accused.
Article 39
(1)
All
persons deprived of liberty must be informed immediately of the
reasons for their detention. Restrictions on liberty imposed for
reasons contrary to the Constitution and law oblige the state to
indemnify the aggrieved, in accordance with the law.
(2)
Imprisonment or illegal detention resulting from an abuse of power
confers on the citizen the right to habeas corpus.
Article 45
(1)
Workers
have the freedom to join trade unions as a form of promoting unity,
defending their rights and protecting their interests.
(2)
In the
exercise of the freedom to join a trade union, the worker is
guaranteed, without any discrimination:
(a)
Liberty
of establishing, organising and internal rules of associations;
(b)
The
right to exercise trade union activities in companies, in accordance
with the law.
(3)
Trade
unions are independent from the state, patronage, religious beliefs,
political parties or associations.
(4)
The law
ensures adequate protection to trade union representatives against any
form of restriction on the legitimate undertaking of their functions.
(5)
Trade
unions have to abide by the principles of the organisation and
democratic management, provided by the periodic elections by secret
ballot of executive organs
Article 46
(1)
Workers
have a right to protection, security and hygiene at work.
(2)
The
worker can only be dismissed in accordance with the law; dismissal for
political or ideological motives is prohibited.
(3)
The
state will gradually establish a system capable of guaranteeing
workers social security pensions, in sickness or when incapacitated.
Article 48
(1)
The
state recognises the citizens right to inviolability of domicile,
correspondence and other means of private communication, except in
cases expressly provided by the law in relation to criminal process.
(2)
Entrance
into homes without consent can only be ordered by the competent
judicial authority in accordance with the law.
Article 55
(1)
Citizens
have the right to, freely and without dependency to any authority,
start associations, as long as they are not promoting violence and the
objectives are not contrary to the law.
(2)
Associations conduct their affairs freely without interference of
public authorities and cannot be dissolved by the state or have its
activities suspended unless in cases provided for by the law and as a
result of judicial decision.
(3)
Armed
associations are not allowed, nor organisations that promote racism or
tribalism.
Article 57
Political parties have
the right to airtime on the radio and television in accordance with
the law.
PART III: ORGANISATION OF POLITICAL POWER
Article 59
(1)
The
President of the Republic, the National Popular Assembly, the
government and tribunals are sovereign organs.
(2)
The
organisation of political power is based on separation and
independence of organs of sovereignty and the subordination of all of
them to the Constitution.
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 73
The Council of State
is the political organ of consultation of the President of the
Republic.
Article 76
The National Popular
Assembly is the supreme legislative organ and political overseer,
representative of all Guineans. It pronounces on fundamental issues of
internal and external politics of the state.
Article 77
Deputies of the
National Popular Assembly are elected according to electoral districts
defined by law by universal suffrage which is free, equal, direct,
secret and periodic.
Article 96
(1)
The
government is the supreme executive and administrative organ of the
Republic of Guinea-Bissau.
(2)
The
government conducts the general politics of the country in accordance
with its program, approved by the National Popular Assembly.
Article 97
(1)
The
government is constituted by the Prime Minister, by ministers and by
secretaries of state.
(2)
The
Prime Minister is the head of the government, it is his duty to guide
and coordinate its action and ensure the execution of the laws.
(3)
It is
incumbent upon the Prime Minister, without prejudice to other
attributions that are 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 nominated by the President of the Republic in
accordance with 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, on the proposal of the Prime Minister.
Article 119
Tribunals are organs
of sovereignty with competence to administer justice on behalf of the
people.
Article 120
(1)
The
Supreme Court of Justice is the supreme judicial instance of the
Republic. The Superior Council of the Magistrate nominates its judges.
(2)
Judges
of the Supreme Court of Justice are sworn in by the President of the
Republic.
(3)
It is
incumbent upon the Supreme Court 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.
Article 127
(1)
The
National Popular Assembly can revise the present Constitution at any
time.
(2)
The
initiative of Constitutional revision falls within the competence of
the deputies.