Constitution

Guinea-Bissau 1984 Constitution (reviewed 1996)

Table of Contents

Part I. Fundamental Principles: The Nature and Foundations of the State

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 3

The Republic of Guinea-Bissau is a State with a constitutionally established democracy, founded on national unity and on the effective participation of the people in the development, monitoring and guidance of public activities, and oriented towards the construction of a free and just society.

Article 4

  1. In the Republic of Guinea-Bissau the establishment of political parties is allowed if in conformity with the Constitution and the law.
  2. Political parties are equally responsible for [assuring] the organization and the expression of popular will and of political plurality.
  3. Parties must respect the national independence and unity, the integrity of national territory and the pluralist democracy, and must follow the democratic rules in both their organization and functioning.
  4. The formation of parties of regional or local nature, parties that sponsor racism or tribalism, and of parties that advocate the use of violent means to achieve its ends is forbidden.
  5. The party’s name may not identify itself with any part of the national territory, nor display the name of a person, church, religion, confession or religious doctrine.
  6. The highest leadership of parties must be composed of citizens of Guinean origin.

Article 5

  1. The Republic of Guinea-Bissau proclaims its eternal gratitude to the combatant that, due to its voluntary sacrifice, have assured the liberation of the Nation from foreign control, reconquering our people’s dignity and right to freedom, to progress and to peace.
  2. The Republic of Guinea-Bissau considers as its honor and duty to:
    1. Act so as to guarantee a dignified life to the combatants that assured freedom to the Nation and, in particular, to those who, due to their participation in the liberation fight, have suffered physical disability that renders them total or partially incapable of working, and that shall be deemed the first creditors of national recognition;
    2. Guarantee the education of the National liberation combatants’ orphans;
    3. Assist National liberation combatants’ parents, children and widows.
  3. The National liberation combatant is the militant that, within PAIGC’s ranks, participated in the fight for liberation between September 19th, 1956 and September 24th, 1973 and that, having joined the ranks of the Party, and combat fronts, after this last date until April 24th 1974, revealed himself, by exemplary conduct, worthy of this title.

Article 6

  1. In the Republic of Guinea-Bissau there is a separation between the State and religious institutions.
  2. The State respects and protects all legally recognized religions. The activities of these religions and the practice of the faith are subject to the law.

Article 7

In the framework of its unitary structure and in the development of national interest, the State of Guinea-Bissau promotes the creation and supports all actions from decentralized territorial collective bodies that have been granted autonomy by the law.

Article 10

Within its exclusive economic zone, defined by law, the State of Guinea-Bissau holds exclusive competence to maintain and explore natural resources, living or non-living.

Article 11

  1. The economic and social organization of Guinea-Bissau is based on the principles of market economy, subordination of economic power to political power and the coexistence between public, cooperative and private property.
  2. The economic and social organization of Guinea-Bissau has as objective the continuous promotion of its people’s well-being and the elimination of all forms of subjection of human beings to degrading interests, for the benefit of individuals, groups or classes.

Article 12

  1. The Republic of Guinea-Bissau recognizes the following property titles:
    1. State property, belonging to all people;
    2. Cooperative property which, organized according to free consent, may be established over agriculture, the production of consumption goods, arts and crafts and other economic activities deemed as so by law;
    3. Private property, which may be established over goods that do not belong to the State.
  2. The State has ownership over the soil, the underground, mineral goods, the main energy sources, the forest wealth and social infrastructure.

Article 13

  1. The State may grant, by means of concession to cooperatives and other singular or collective legal persons, the exploration of State property, as long as it profits the general interest and increase social richness.
  2. The State promotes foreign capital investment as long as it is useful to the Country’s social and economic development.

Article 14

The State recognizes the right to inheritance, according to the law.

Article 15

Public health’s main goal is to promote the physical and mental well-being of the population and the balanced insertion in the social-ecological environment where they live. It must orient itself towards prevention, and must aim for the progressive socialization of medicine and medical-pharmaceutical sectors.

Article 16

  1. The aim of education is forming human beings. It shall remain closely linked to productive labor, shall facilitate the acquisition of skills, knowledge and values that enable the citizen to be part of the community and contribute to its continuous progress.
  2. The State considers the eradication of illiteracy a fundamental task.

Article 17

  1. The State’s fundamental imperative is to create and promote favorable conditions for the preservation of cultural identity, as support for national conscience and dignity, and a factor that stimulates society’s harmonious development. The State preserves and defends the cultural heritage of the people, whose promotion must serve the progress and the protection of human dignity.
  2. Conditions shall be created so that all citizens have access to culture and are encouraged to actively participate in its creation and diffusion.
  3. It is the State’s obligation to encourage the practice and spread of sports and other physical activities.

Article 18

  1. The Republic of Guinea-Bissau establishes and develops relations with other countries according to international law, the principles of national interdependence, equality between States, non-interference in internal matters, reciprocity of advantages, peaceful coexistence and non-alignment.
  2. The Republic of Guinea-Bissau defends the rights of all peoples to self-determination and independence, supports the fights of all people against colonialism, imperialism, racism and all other forms of oppression and exploitation, advocates the peaceful solution of international conflicts and participates in all efforts aimed at assuring peace and justice in State relations and the establishment of the new international economic order.
  3. Without prejudice to the achievements of the struggle for national liberation, the Republic of Guinea-Bissau participates in African States’ efforts to materialize the principle of African unity on a regional continental basis.

Article 19

It is a Fundamental duty of the State to preserve, through all means, the conquests of the people and, in particular, the constitutionally established democratic order. The defense of the Nation shall be organized based on active participation and the active support of the population.

Article 20

  1. The Revolutionary Armed Forces of the People [FARP], instrument of national liberation at the service of the people, are the primordial institution in the defense of the Nation. It is their duty to defend independence, sovereignty and territorial integrity, and collaborate strictly with the national and specific services in the assurance and maintenance of internal security and public order.
  2. It is a civic and honorable duty of all FARP’s members to actively participate in the tasks of national reconstruction.
  3. The FARP obeys the competent sovereign bodies, according to the Constitution and the law.
  4. The FARP are nonpartisan and its members, while in duty, cannot exercise any political activity.

Article 21

  1. The security forces are nonpartisan and their purpose is to defend the democratic rule of law and to assure internal security and the rights of citizens, and its members, while on duty, cannot engage in any political activity.
  2. Police measures are only those established by law, and shall not be used beyond those strictly necessary.
  3. The prevention of crimes, including crimes against the security of the State, may only be performed if in accordance to the law and by respecting all the rights, liberties and assurances of all citizens.

Article 22

  1. The national symbols of the Republic of Guinea-Bissau are the Flag, the Coat of Arms and the National Anthem.
  2. The National Flag of the Republic of Guinea-Bissau is formed by three rectangular stripes, of red color, in the vertical, and yellow and green, in the horizontal and in the superior and inferior right-hand sides, respectively. A black five-pointed star marks the red stripe.
  3. The Coat of Arms of the Republic of Guinea-Bissau consist in two palm leaves disposed as if in a circle, united by the base, where a yellow shell rests, and connected by a ribbon in which is written the motto <<UNITY STRUGGLE PROGRESS>>. In the central superior part a black five-pointed star is inserted.
  4. The National Anthem is Esta É a Nossa Patria Amada [This Is Our Beloved Homeland].

Article 23

The Capital of the Republic of Guinea-Bissau is Bissau.